Construction Injuries in Chicago, surrounding area and Illinois

Personal injury cases arising from Chicago construction injuries are usually third-party, common Illinois law cases. There are three conditions that you need to prove as a plaintiff in order to win your case and recover money:

• A duty was owed to you
• The party you are bringing the claim against breached that duty
• There is a causal connection between the breach of that duty and the damages or injuries that you sustained as a result of negligence or a Chicago construction defect

Once these conditions are established, you must prove the nature and extent of your damages or the dollar amounts to which you are entitled.

Representing the needs of injured construction workers has traditionally accounted for a large part of our practice. Usually, construction defect litigation will include both a Chicago workers compensation claim as well as a third-party tort claim case. With construction accidents, few of the injuries are minor. People who receive injuries working in the construction trades usually require significant medical treatment. As a result, the ensuing cases are often large and relatively complex. 

Determining Liability

Until 1994, the Illinois Structural Work Act allowed a construction injury claim to be brought against any person who could be considered "in charge of the work," making liable the general contractor, owner,  construction manager,  architect, or engineer. In other words, any contributory negligence on the part of the injured worker could not be asserted as a defense. In 1994, the Structural Work Act was repealed, and the types of damages available became more limited.

The good news is that you can still bring a negligence claim against the people in charge of the construction work. The Restatement of Torts includes clauses that lay out the duties of general contractors, and those in charge of the work, making it easier for injured construction workers to recover their losses.

However, any contributory negligence on the part of the injured construction worker may still operate as a defense. Construction work is inherently risky and dangerous. Workers carry heavy loads, walk on very narrow ledges, climb ladders in bad weather, and rush to meet a schedule. According to Chicago construction law, any claim brought by a claimant who is found to be more than 50 percent responsible for his or her own accident results in a “not guilty” verdict for the defendant if the case is heard.

 

What You Can Do to Help Your Case or Claim

• Gather as much witness contact information as you can. This is essential because it is often necessary to verify a client’s report of what occurred. In some cases, the victim of the injury may not have had a clear view of what happened. In these situations, each witness can offer a different piece of the puzzle to help a good lawyer build a clear picture of what occurred.
• Accurately gather all available information regarding your injury, including medical providers and bills.
• Perhaps most importantly, get in touch with a Chicago construction accident attorney as quickly as possible after you've been injured. You can be sure the other side is doing the same.

Sometimes injured workers wait to contact a lawyer until they feel they have all the information necessary to win their case, but it's important to see a good construction accident law firm as quickly as you can following an accident, even before every piece of information becomes available. We can locate any data gaps if you lead us in the right direction but we want to get working on your case as soon after the actual occurrence as we can.

 

Statute of Limitations

In workers comp law there is a statute of limitations, which, for all practical purposes, is  three years from the date of the accident, or two years from the date on which compensation was last paid, whichever is shorter. But in a personal injury case, a third-party tort case, you typically have two years from the date of the injury. With a construction accident, both of these types of cases may apply. The statute of limitations is shortened to one year for personal injury claims against a local governmental entity like the City of Chicago while the same type of personal injury claim against a private entity which occurred on private property would have a two-year statute of limitations.

For a construction accident, however, an exception often exists for claims that arise out of the management or maintenance of real property.  In those circumstances, the statute of limitations could be extended to four years.
 

Common Misconceptions About Worker's Compensation in Chicago

In workers compensation law cases, many people are afraid of their employers. You might think that even if you are hurt badly on a construction site, you may be fired for filing a claim against your employer or another contractor with whom your employer works.

This is not the case at all. Most employers know that they can't retaliate for filing a claim against them. In the event this does occur, the employer is subject to a lawsuit for a tort known as Retaliatory Discharge in which the damages are tripled.

Sometimes people who are seriously injured in construction accidents have misgivings about going to a lawyer to pursue their rights. But the truth is nobody is going to think poorly of you because you hire a lawyer. If you are seriously injured in an accident and cannot work, you really don’t have much choice, because you’re without income. You’re running up large medical debts and oftentimes facing the possibility that you’ll be permanently disabled and not be able to pursue your normal activities.
 

When wrongful conduct of another causes you serious injury or results in the death of a loved one, we invite you to contact the Chicago construction accident attorneys at Howard and Nemoy regarding Chicago construction lien law, Chicago construction defect litigation, or Chicago construction liability law using our e-mail form. Or call our law firm at (877) 274-2953 to arrange a no-cost, no-obligation initial consultation.