If you or a loved one were hurt in a construction accident, you may be facing steep medical bills that place a significant financial strain on your family. The cost of doctor’s visits, imaging tests, surgery, medication, and other medical needs can exacerbate the financial burden created by being out of work.
Depending on the circumstances of a construction accident, an injured worker may be entitled to compensation for medical bills, lost income, and other costs resulting from the accident. Some injured workers are also entitled to compensation for non-financial harm including their physical pain and emotional suffering.
Determining the Liable Party in a Construction Accident
Construction sites are full of potentially deadly hazards. Although a number of laws regulate construction site safety, accidents still occur. When a worker is injured in a fall accident, machinery accident, trench collapse, explosion, or another type of construction accident, the results can be life-changing.
The legal options available to someone who is hurt in a construction accident are largely determined by who is at fault for the accident. Workers’ compensation covers work injuries regardless of fault. However, if the liable party is a third party such as a contractor, subcontractor, property owner, architect, or equipment manufacturer, the injured worker may have additional legal options. Of course, determining the liable party or parties for a construction site accident is rarely easy. Seemingly countless factors can lead up to a construction injury. Consequently, injured construction workers are highly encouraged to work with a skilled personal injury attorney who has experience handling construction site injury cases. An experienced attorney can evaluate the circumstances of the accident, evaluate evidence like security cameras, witness statements, and incident reports, and determine who is potentially at fault for the accident.
Personal Injury Lawsuit Versus a Workers’ Compensation Claim
Workers’ compensation claims may be used to collect compensation for medical bills and part of an injured worker’s lost wages. However, workers’ compensation does not cover additional expenses suffered by the worker or pay the worker 100 percent of his or her lost wages. A personal injury claim is a civil claim used to hold a negligent third party responsible for the role the party played in an accident. Suing a negligent third party may allow an injured construction worker to collect compensation for past and future medical expenses incurred by the injury including physical therapy and ongoing medical needs. The worker may also recover all of his or her lost income as well as compensation for any harm caused to the worker’s earning capacity. Non-economic damages in a personal injury lawsuit may include pain and suffering, disfigurement, and loss of enjoyment of life.
Contact a Kane County Construction Worker Injury Lawyer
At Kinnally Flaherty Krentz Loran Hodge & Masur P.C., we help injured workers explore their legal options and find the best avenue for recovering financial compensation. Whether you file a personal injury lawsuit or a workers’ compensation claim, our Aurora injury attorneys can help you fight for the compensation you need. Call 630-907-0909 for a free consult.