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Construction Site Negligence Attorney

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Anyone in charge of work operations or activities taking place on Chicago construction sites has a responsibility to ensure their procedures, policies, and conditions are safe for workers. When a construction company or contractor cuts corners and a worker gets hurt, the responsible party or parties can face accountability for their failure.

However, the rules governing third parties are different than those that apply to an injured worker’s direct employer. Consequently, the worker must go through a different process to seek compensation. If you got hurt on a construction site, contact the office of Levin, Riback & Adelman to request a free consultation and discuss your case with a Chicago construction accident lawyer.

What Is Construction Site Negligence?

Construction site negligence occurs when a person or company responsible for safety fails to take reasonable precautions to prevent foreseeable harm. On a construction site, many parties may share duties to maintain a safe working environment. Negligence arises when one of these contractors or its employees disregards those duties, and the resulting unsafe conditions cause injury. Even a momentary lapse in care can result in serious consequences, given the hazards present on construction sites.

To establish another party’s negligence, an injured worker must show that the party owed them a duty of care, breached that duty, and caused their injury through their actions or inaction. The focus in injury claims arising from construction site negligence is on holding the negligent entity accountable for violating basic standards of safety and responsibility.

How Do Third-Party Claims Differ from Workers’ Compensation Claims?

A Chicago construction worker who gets hurt on the job may have two potential paths to compensation: a workers’ compensation claim or a third-party negligence claim. Both types of claims seek financial recovery, but they operate under very different rules and standards. Here are the main distinctions between them:

  • The Defendant – A workers’ compensation claim seeks benefits provided by an injured worker’s employer’s insurance company, while a third-party claim seeks compensation from someone other than the employer.
  • Fault – Workers’ compensation is a no-fault system and doesn’t require an injured worker to prove their employer caused the accident through its negligence. Third-party claims require them to prove another party’s negligence or wrongdoing.
  • Available Compensation – Workers’ compensation benefits cover medical bills and partial lost wages. A third-party claim can include full lost income as well as pain and suffering, emotional distress, and other intangible, personal losses.

Common Defendants in Third-Party Construction Site Negligence Claims

Various parties may share responsibility for a construction site injury, depending on who controlled the work, supplied equipment, or failed to maintain safety standards. Third-party construction site negligence claims allow injured workers to hold these other contractors accountable when their carelessness causes harm:

  • General contractors
  • Subcontractors
  • Property owners
  • Developers
  • Equipment manufacturers
  • Machinery rental companies
  • Engineers or architects
  • Safety inspection firms
  • Project managers
  • Utility companies working on or near the site
  • Maintenance or repair contractors
  • Delivery companies operating on the premises

What Are Some Examples of Third-Party Negligence on Construction Sites?

Construction sites involve many moving parts, and even one contractor’s carelessness can put workers at risk. Third-party negligence can take many forms, from unsafe jobsite practices to defective equipment. These acts or omissions often violate basic safety standards or industry regulations, creating preventable hazards that lead to serious injuries. Each of the following common examples of third-party negligence on Chicago construction sites reflects a failure to exercise reasonable care:

  • Failing to secure scaffolding or provide proper fall protection
  • Providing a ladder when a scaffold or lift is needed
  • Unsafely placing ladders
  • Neglecting to inspect or maintain heavy machinery and tools
  • Using or supplying defective construction equipment or materials
  • Ignoring OSHA regulations or site-specific safety requirements
  • Allowing debris, cords, or uneven surfaces to create trip hazards
  • Overloading cranes or other lifting equipment
  • Removing safety guards from machinery
  • Improperly storing flammable or toxic materials
  • Failing to warn workers of hidden dangers or unstable structures
  • Disabling electrical safeguards or leaving live wires exposed
  • Poor site supervision leading to uncoordinated or unsafe work practices
  • Inadequate communication between contractors performing simultaneous tasks

Types of Evidence That Can Support a Construction Site Negligence Claim

Evidence plays a central role in proving third-party negligence on a construction site. It establishes what happened, who was responsible, and how the unsafe condition or conduct caused the injury. Having strong documentation can mean the difference between a denied claim and recovering full compensation. Some common types of evidence in these claims include:

  • Photographs and videos of the accident scene
  • Safety inspection and OSHA reports
  • Witness statements from coworkers or bystanders
  • Maintenance and repair logs
  • Contracts outlining each contractor’s responsibilities
  • Surveillance footage from the site
  • Medical records linking the injury to the incident
  • Expert analyses of safety standards or equipment defects

Gathering this evidence can be a complex process, and it’s important to seek it out before it has time to deteriorate, go missing, or be destroyed. An experienced Chicago construction accident lawyer can take charge of collecting and interpreting this evidence. They may collaborate with investigators and consult industry experts to build a clear and persuasive case on your behalf.

Compensation You Might Recover After a Construction Accident

The compensation you seek in a construction accident claim depends on factors like the severity of your injuries and the extent to which they’ve left you unable to work. Some of the losses you may seek to recover through your claim include:

  • Past, ongoing, and expected future medical expenses
  • Lost income, including anticipated future lost earnings
  • Diminished quality and enjoyment of life
  • Physical and emotional pain and suffering

The amount of compensation in construction accident cases varies considerably based on the unique circumstances of each person’s injury. It’s also important to note that Illinois law bars third-party claimants from recovering compensation if they bear more than 50 percent of the fault for causing the accident. This is notably different than in workers’ compensation claims, the no-fault nature of which relieves both employers and injured workers of financial penalties if they cause an injury accident.

How a Lawyer Can Help You Seek Justice

Managing the aftermath of a construction injury can quickly become stressful and overwhelming, especially when your focus ought to be on healing. A Chicago construction accident attorney can relieve you of this burden. Our attorneys will  protect your rights after a construction site accident involving third-party negligence by conducting a thorough investigation into the accident to determine what happened and why. They can review contracts and determine whether outside contractors, property owners, or equipment manufacturers may share liability. They’ll also handle all negotiations and communications with insurance companies.

Having an attorney’s support at this difficult time provides the peace of mind you need and deserve. We will provide you a skilled and experienced legal professional that will manage the complex procedures associated with pursuing your case.

Contact a Chicago Construction Accident Attorney Today

If you suffered a workplace injury on a Chicago construction site, the team at Levin, Riback & Adelman is ready to help you seek the justice and compensation you deserve. In the past decade alone, we’ve recovered over $200 million for our clients. We’re available by phone, text, and our online form to take your inquiry – contact us today to get started with a free consultation. We look forward to hearing your story, reviewing your legal rights and options with you, and working together to determine your next steps.

Get Help Today!

Time is not on your side after you’ve been hurt on a construction site. Do not hesitate to contact our skilled and understanding lawyers at Levin, Riback & Adelman by calling 312-782-6717 or sending us an email.

If you have been injured in a construction accident, you are legally entitled to claim workers’ compensation. We want you to get the full medical benefits that you need to recover and the compensation that you deserve to lessen your financial burden.