Construction Accident Injury Tips

Knowing and implementing the right tips after a construction accident in Naperville, Illinois, can reduce the severity of your injuries and protect your right to pursue compensation. The most crucial step after getting injured on a construction site as a worker is to seek medical attention. You should then report the accident to your immediate supervisor. Documenting the incident is also necessary, as you will need the evidence when filing a worker’s compensation claim.

Construction worker has a construction accident while working on new house.

Another valuable construction site injury tip is to hire a lawyer who has helped construction accident victims successfully pursue compensation. The lawyer will walk you through all your legal options and help you choose the best course of action based on your unique situation. The lawyer will also investigate your accident, gather irrefutable evidence, and calculate your construction accident case value.

Construction accident attorneys at Chute, O’Malley, Knobloch, and Turcy, LLC prepare thoroughly for each case and fight to get you full compensation. Call us today at 312-775-0042 if you or a loved one has been injured at a construction site.

Legal Tips for Construction Accident Victims

Construction site accidents happen unexpectedly. So, it’s essential to know the appropriate steps to take after the accident. You should act fast and remain calm to prevent further personal injuries. Use the tips below if you become injured at a construction site.

Secure the Area

Securing the area helps prevent further injuries and ensures the rest of the workers are safe. Be sure to switch off all electric equipment and any running machine to prevent them from causing more injuries.

Contact Emergency Medical Responders and Seek Further Treatment

Most construction site accidents cause injuries and, in severe cases, deaths. Contact the emergency team as soon as possible and move the injured persons to a safer place. Be careful when moving people with fractures, as this can worsen their situation.

Seek further treatment even if you feel okay or think your injuries are minor. Some injuries take long to show symptoms. A comprehensive medical examination is necessary to detect such injuries.

Formally Report the Accident

Ensure you formally notify management after a construction accident. In some cases, you might be required to report the accident to government agencies and health and safety authorities. Keep a copy of these reports, as you might need them to prove the accident and your injuries.

Gather and Preserve Evidence

Winning a construction accident lawsuit and receiving adequate compensation requires strong and compelling evidence. You can gather proof through numerous ways, including taking videos and photos of the accident scene. Pictures of the construction equipment that caused the accident, injuries sustained, and unmarked hazards are also crucial evidence. Look for witnesses and collect their contact information. You will need their testimonies to strengthen your lawsuit.

Hire an Experienced Attorney

Construction accident attorneys will handle all the legal procedures while you are nursing your injuries. Your lawyer will also help you understand your construction site injury rights, gather evidence, and appear in court on your behalf. He or she will also work closely with other parties, like the insurance company, to ensure you get fair compensation.

How to Protect Your Rights After a Construction Accident

The aftermath of a construction site accident can be catastrophic, as you can end up sustaining severe injuries or even losing your life. In fact, in every 5 reported workers’ deaths, 1 of them is from the construction industry. When injured, you will likely spend most of your time in and out of the hospital, leading to a loss of income. That’s why it’s important to know your rights and how to protect them to ensure you get the compensation entitled to you.

Workers’ Compensation Benefits

Construction workers who get injured under the scope of their employment have the right to receive workers’ compensation benefits. These benefits cover your medical bills, including doctor’s visits, medications, hospital stays, diagnostic tests, and physical therapy. They also replace your wages if you cannot work because of a job-related injury or illness. The wage replacement amount entitled to you depends on the nature of your injury.

Workers’ comp also provides you with vocational rehabilitation benefits if your job-related injuries have left you with permanent disabilities. These benefits help you gain new skills or secure a job that can accommodate your injuries.

Your dependents may collect death benefits if you die from construction accident injuries. These benefits pay for funeral and burial costs and medical bills and offer financial support.

Right to Pursue Third-Party Claims

Employees injured at work have a right to seek compensation from third parties who may have contributed to the occurrence of the accident. However, these claims should be pursued separately from the worker’s compensation claim. Some of the parties that can be held liable include construction equipment manufacturers, subcontractors, and property owners. For example, you can file a liability claim against the manufacturer if defective equipment contributed to the accident that caused your injuries.

Pursuing third-party claims helps you recover other compensations not covered by the worker’s compensation benefits, such as pain and suffering.

Right to Protect Yourself From the Employer’s Retaliation

Some employers don’t take compensation claims lightly and may retaliate if you file a claim. Your employer can retaliate by threatening you, wrongful terminating your employment, creating a hostile working environment, and reducing working hours. Doing this is against the law, and you have the right to file a formal complaint with the state labor agencies.

Ensure you notify your lawyer if you believe your employer is taking or has taken retaliatory action against you. Your lawyer will guide you on the next steps while ensuring your rights are protected.

Common Construction Site Accidents

Construction workers are at a higher risk of sustaining work-related injuries due to the nature of their job and the type of equipment used. Examples of construction site accidents include:

Machinery Accidents

Construction involves using heavy machinery, such as cranes, bulldozers, and forklifts, which can be extremely dangerous if not handled properly. They may end up causing accidents if the operator makes errors, experiences mechanical failure, or fails to take the right safety measures.

Trips and Falls

Construction workers are at risk of falling from heights if working on high-rise buildings. Some of these falls cause serious injuries and, in some cases, death.

Electrocutions

Workers get electrocuted when working in areas with exposed wiring, incomplete electrical systems, and power lines.

Building Collapse Accidents

Collapse accidents can be quite dangerous, as workers can get trapped or crushed by the debris.

Why Hire an Experienced Construction Accident Attorney?

Although you can pursue compensation on your own after getting injured in a construction site, hiring a seasoned attorney increases your chances of getting compensated. The workers’ compensation claim process has many confusing laws and legal procedures. A single mistake can jeopardize your case.

Personal injury lawyers will ensure all the necessary documents are filed accurately and timely. Your lawyer will also appeal on your behalf if your compensation claim is denied or if you feel the settlement amount offered doesn’t match the expenses incurred to treat the injuries.

Help in Third-Party Liability Investigations

Your lawyer will investigate the accident to identify other parties who could have contributed to the accident. The lawyer will build a strong case by interrogating the witnesses, taking accident scene photos and videos, or hiring an expert witness.

Negotiating Settlements

Negotiation is an important phase when pursuing a compensation claim, as it determines whether you will receive a decent payout outside the court or have to go to trial. Dealing with insurance companies can be challenging, as they may try to lowball you or trick you into signing documents that may jeopardize your case. That’s why you should leave the task of communicating and negotiating with the insurance company to your lawyer. Your lawyer may advise you to accept the payout or move the matter to court, depending on the outcome of the negotiation process.

Representing You in Court

A lawyer will analyze your case and determine if moving to court is the best decision, especially if the insurance company denies your claim or offer an unreasonable settlement. An experienced attorney is aware of the construction accident case timeline and procedures. So, the lawyer will not have problems navigating the legal system. If a trial is necessary, the lawyer will handle all the legal paperwork, file motions, and prepare the witnesses. The lawyer will also deliver the opening and closing statements, question the witnesses, and make legal arguments on your behalf.

At Chute, O’Malley, Knobloch, and Turcy, LLC, our construction accident attorneys are ready to help you maximize your workers’ comp settlement and hold any third party that may have contributed to the accident legally and financially accountable. Contact us today for a free consultation and case evaluation.

Tom Chute is a 1993 graduate of DePaul University College of Law in Chicago, Illinois. With over 30 years of experience in personal injury law, Tom has obtained millions of dollars in settlements and jury awards on behalf of injured clients.

Tom has earned a reputation as a leading trial lawyer in the Chicago area, and he is frequently appointed by his fellow trial lawyers to serve as an Arbitrator.

A member of the Illinois Trial Lawyers Association and The Society of Trial Lawyers, Tom is a frequent speaker at a number of professional organizations, law schools, and seminars in Illinois.

Experience: Over 30 years
Illiois Registration Status: Active

Naperville Attorney Tom Chute