Construction Accident Attorney in Chicago, IL

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Construction Accident Statistics | Chicago, IL Construction Accident Attorney

According to the U.S. Bureau of Labor Statistics, there were 4,764 workplace fatalities in 2020, of which one in five victims was a construction worker. According to fatal injury rates per 100,000 employees, construction is the third most dangerous job in the United States. Just over one percent of all construction workers receive an injury that causes them to miss work, totaling over 150,000 injuries per year.

Data from the Centers for Disease Control and Prevention tell us that falls account for over a third of construction site injuries and fatalities. Being struck-by accident, being caught in-between objects and electrocution round out what the Occupational Safety and Health Administration refers to as the "fatal four" of construction accidents. If you are one of the many construction workers who sustained an injury on the job because someone else did not follow the rules, call Burger Law's construction accident attorney team in Chicago and Illinois today at 312-500-HURT.

Workers' Compensation Claims in Construction | Chicago, IL Construction Accident Attorney

Persuant to 820 ILCS 305/, or the Illinois Workers' Compensation Act, workers' compensation is required for any "extra hazardous" work, including construction work. Not having workers' compensation insurance would result in a minimum $10,000 fine for any employer. Anytime you are injured on the job, you need to notify your employer and file a workers' compensation claim.

In Illinois, workers' compensation entitles you to medical care and lost wages for time missed off work. Generally, your compensation will be 66 and 2/3 percent of your wage; however, the Illinois Workers' Compensation Commission sets a minimum and maximum amount based on a statewide average weekly wage that is updated every six months. You must notify your employer of any work-related injury or illness within 45 days.

Some of the most common construction accident injuries we see are:

• Head Injuries
• Neck Injuries
• Hand Injuries
• Spinal Cord Injuries
• Fractures
• Burns
• Chemical Exposures Causing Illness

While Burger Law does not currently take workers' compensation cases in Illinois, construction accidents often involve third parties who were somehow negligent and who you may be able to make a claim against. Our Chicago-based construction accident attorney team can help you determine if you have a third-party claim. When you hire us, we get working on your case right away. We conduct a full investigation into every aspect of your injury to find who is responsible and make sure they pay for causing you injuries.

Loaned Servant Doctrine in Illinois Construction Accidents | Chicago, IL Construction Accident Attorney

The loaned servant, or borrowed servant, doctrine in Illinois determines liability in instances where your employer temporarily loaned your services to another employer. According to 215 ILCS 113/30, "either the lessor or lessee may provide workers' compensation," depending on their employee leasing arrangement. For example, you work for a crane company, and an employer hires your company to send you to a construction site to operate a crane. If you are injured at the worksite, whoever covers your workers' compensation claim will depend on the agreement made between your employer and the construction site. If the construction site does not cover you, your employer at the crane company is required to.

The loaned servant doctrine is important because it protects borrowing employers from personal injury claims if a borrowed-employment relationship has been established. In Crespo v. Weber Stephen Products Co., 275 Ill. App. 3d 638, 656 N.E.2d 154, the court found that in Illinois "the primary factor in determining a borrowed-employment relationship is the right to control the manner and direction of the subject employee's work." A loaned employee has to agree to work under the borrowing employer. Some determining factors to establish a borrowed employee-borrowing employer relationship are:

• Manner of hiring
• How the employee is paid
• Nature of the work involved
• Direction and supervision of the employee's work
• The right to discharge the employee

If a borrowed-employment relationship has been established, you would not be able to sue the construction company in a separate tort claim outside of workers' compensation, due to the exclusive remedy rule. If you were injured at a third-party site, the experienced and knowledgeable construction accident attorney team at Burger Law will help you determine if you were a "borrowed employee" and if you need to file a workers' compensation claim or can file a personal injury claim. There are strict deadlines for filing workers' compensation claims, so it is imperative to reach out to an Illinois construction accident attorney in Chicago immediately after your injury. Do not wait, call us today at 312-500-HURT.