Chicago Construction Accidents, Workers’ Comp and Third Party Liability

by | Nov 6, 2019 | Lawyer

Construction sites are some of the most dangerous workplaces. According to the Occupational Safety and Health Administration (OSHA), more than 20% of all work-related deaths are in the construction industry. As per OSHA, here are the most common causes of serious construction accident injuries and deaths:

  • Slip-and-falls, trip-and-falls and falls from heights.
  • Being struck by a falling object.
  • Electrical accidents.
  • Getting stuck or crushed in between two objects.


Workers’ Compensation

The general rule is that workers’ compensation benefits are the sole and exclusive remedy for injured construction workers who are injured in the course and scope of their employment. Those benefits typically cover the following:

  • Reasonable and necessary medical bills in connection with the accident and injury.
  • Temporary total disability benefits in an amount equal to two-thirds of the worker’s average weekly wages during a period of incapacitation when the victim is unable to work.
  • A lump sum award for any permanent partial disability.


The Third-Party Liability Exception

What comes to issue is that workers’ compensation benefits are limited, and they don’t compensate for all of the damages that a personal injury settlement or verdict might cover. That’s why thorough Chicago construction injury lawyers always look for third-party liability on workers’ compensation cases.

If third-party liability is discovered, the injured worker can bring a personal injury lawsuit at the same time that workers’ compensation benefits are being paid. For example, if a laborer from ABC Construction is injured as a result of the carelessness and negligence of an electrician from XYZ Electrical Contractors, then it’s likely that third-party liability exists. A third-party liability case might pay damages in a greater amount than any workers’ compensation benefits that an injured construction worker might receive.

If you were injured in an accident on a construction site, contact a Chicago construction injury lawyer here at the Shea Law Group at 877-365-0040 to arrange for a free consultation and case review. You can also use our contact form at our website. If we think third-party liability might exist in your case, then we will advise you accordingly.

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