Construction Injury

For complex business relationships, different theories of recovery are necessary in order for an injured worker to maximize his recovery. When a construction site injury does occur, the injured worker may have a workers' compensation case against their employer. A second cause of action may also arise if the injury was attributable to the negligence of an employee of another company, or perhaps an oversight of a different company working on the site.

Sometimes, a cause of action pursued against a company, separate from the employer, gives rise to different legal rights than the rights afforded an injured worker under the terms of workers’ compensation alone. This is known as a third-party claim.

Because a claim against a third party is usually based on negligence, an injured worker can pursue the following benefits that are usually not covered by workers' compensation:

• Past and future lost wages
• Past and future medical expenses
• Pain and suffering
• Disability
• Wrongful death

Because construction sites are frequently busy places that are usually off limits to the general public, it is of the utmost importance that an investigation into a construction injury be initiated as soon as feasible, in order to secure evidence that may help establish the fault of a party. Our Chicago Area construction accident attorneys will regularly pull building permits, plans and other construction documents to help determine who the responsible parties are for a project.

When necessary, we will get an order from the court to have work halted so we may examine the worksite and bring in our experts to further determine how an accident may have occurred. Taking these steps during the immediate aftermath of a workplace injury is an example of our commitment to fully prosecuting accidents at Chicago or Chicago Suburban construction sites.

Construction injuries and fatalities comprise a large portion of all the serious work-related injuries every year. OSHA attributes 20.2% of all the fatalities in private industry in 2013 to the construction field. Of these fatalities, there is what is referred to as the “fatal four” causes that accounted for over 57% of the deaths of construction workers.

• Falls. It is no surprise that falls are at the top of fatal accidents, as falls in general contribute to the most overall accidental deaths besides motor vehicle accidents. In construction fatalities, falls were responsible for 36% in 2013.
• Struck by an object. The 2nd most common accident resulting in death for a construction worker is being struck by an object, which made up 10% of the fatalities. This could be the result of being hit by equipment, falling debris, or other objects resulting in fatal injuries on impact.
• Electrocution. A close third behind being struck was electrocution at 9%. With high voltage being used in construction projects and the proximity to power lines, there is a constant danger of electrocution.
• Caught in-between. The last of the fatal four is due to the worker being crushed between objects or equipment.

OSHA estimates that 478 lives a year could be saved if the fatal four were eliminated. Some of these also correlate with some of the top ten OSHA standards that were violated and cited in 2013, including scaffolding regulations, fall safety, electrical methods, ladders and machine guarding.

Illinois also has a high rate of construction worker injuries. In a report issued by the Department of Health of Illinois, construction workers were in the top job classifications for work injuries. It was estimated that 1 out of 25 workers were injured each year in the construction field, making it a high-risk occupation for injury.

Urban & Burt, Ltd. knows the emotional strain and financial uncertainty which impact both the injured worker and their family. Given the lasting significance that accompanies construction injury cases, our attorneys frequently draw upon experts to assist in both proving fault and establishing damages. If you or a family member was injured on a construction site in Illinois, we welcome the opportunity to discuss your available legal options with you. Let us investigate your case for you and ensure that you and your family recover maximum damages for your injuries.