Construction Accident FAQs
If you have been injured at a construction site, it is important that you contact the Chicago construction attorneys at Kupets & DeCaro, P.C. We can help make sure you are fully compensated for your injuries. Below are some FAQ’s related to Illinois construction accidents.
Q. I injured myself on a construction site. Do I have a case?
A. If the responsible party (the construction company or land owner) failed in their duty to secure and maintain the site, and you were injured due to their negligence, then you may have a case. Only a lawyer who has handled construction accident cases can give you the information that you need to determine what is the best course of action. Kupets & DeCaro has extensive experience in handling such cases.
Q. When someone is injured at a construction site, who is to blame?
A. Since construction involves so many people who have a vested interest in the site, it takes an experienced and thorough attorney to determine exactly who is responsible if someone is injured. From the landowner to the equipment manufacturers and everyone in between, all contribute in some way to how the site is managed. An experienced attorney will investigate and raise the appropriate questions to get to the bottom of who is ultimately responsible for the accident.
Q. I was injured at the construction site where I work, but I was told that I don’t have a case because of Worker’s Compensation laws. Is that true?
A. Worker’s Compensation laws are specific and do inhibit an employee’s ability to sue when an injury happens on the job. As lawyers experienced and well-versed in Worker’s Compensation law, Kupets & DeCaro will conduct a thorough investigation into exactly what happened. Many construction accidents are caused by subcontractors or other parties who contributed to the circumstances of the accident.
Q. Do injured construction worker laws vary from state to state?
A. Yes, the laws do vary from state to state. This is why it is imperative that you seek legal counsel from an attorney who has practiced law in your state to achieve the best possible outcome.
Q. I fell off of a ladder on the construction job. What can I do?
A. Many times when an employee is injured on the job by falling off of something, the property owners are considered the responsible party. Since laws differ from state to state, only an attorney experienced in construction law within your state will give you the best advice as to what your legal rights are.
Q. My son was injured at the construction site down the street. It wasn’t fenced properly. Who is responsible? Can we get paid back for his medical bills?
A. The construction company has a responsibility to prevent accidents by ensuring that all aspects of the job are secure. If the management failed to correctly oversee the site and secure it properly, they are responsible. One of the experienced Kupets & DeCaro construction attorneys would be happy to analyze the details and determine and who is at fault. We regularly handle construction injury cases.
Q. What does OSHA mean?
A. OSHA (Occupational and Safety Health Administration) determines what rules and guidelines are necessary to provide workplace safety. When these rules and guidelines are not adhered to, there may be justification for negligence. Legal counsel is needed to determine whether the circumstances require legal action.
Q. I was injured at the site while working in construction, but Workers Compensation will pay me while I’m recovering. Why do I need an attorney?
A. Workers’ Compensation does provide compensation to injured employees. Unfortunately, due to the nature of some injuries, it is not enough to cover all of the expenses plus loss of wages. This is where it is crucial for you to acquire legal counsel. The details of the construction accident need to be thoroughly examined in order to determine who is responsible and if there is a viable claim for damages.
Q. What is the settlement award for a construction injury?
A. An experienced Illinois construction injury attorney will examine all of the details to protect your rights and advise you of any awards that you may be entitled to. Settlement amounts are determined by several factors -the extent of your injury, what state it happened in, resulting expenses, laws that put caps on certain construction injury settlements, etc. An experienced construction attorney will be able to give you the closest estimate on what you could be awarded for your specific case.
Q. I was injured in an accident at my company’s construction site and had to get counseling, too. Is this covered in my claim?
A. Yes, all injuries, both physical and emotional, that resulted from your construction accident are most likely covered in your claim. Other medical expenses that resulted from your construction accident should be covered as well.
Workers’ Compensation covers your immediate employer, but there may be other responsible parties involved who contributed to the safety of the construction site. These other parties may have some involvement in the details leading up to your construction site injury.
A qualified construction injury attorney needs to determine exactly how many parties are responsible. By examining your case details, Kupets & DeCaro can give you the best advice on what your legal options are and ensure that you get coverage for all of your expenses.
DISCLAIMER: All answers to the hypothetical questions contained herein are provided for informational purposes only and are not intended to be construed as legal advice. Kupets & DeCaro P.C. shall not be liable for any errors or inaccuracies contained herein.