When Can I Sue for a Construction Site-Related Injury? 

 Posted on November 08, 2022 in Personal Injury

Although construction sites are one of the most common places where serious and fatal work injuries occur, Illinois’ workers’ compensation laws require every company with even one employee to have workers’ compensation insurance. This can make it very difficult to sue an employer after a workplace injury occurs.

The circumstances surrounding each case of construction site injury and death are different, but it is important to know that even if you cannot sue your employer for your injuries, you still may be able to sue a third party. It is important to speak with an experienced personal injury attorney so you know the best option for your case. 

Can an Injured Construction Worker Ever Sue Their Employer? 

Suing an employer after even the worst construction site accident is usually not possible in Illinois. The injured party has to prove that the employer acted intentionally to cause the worker’s injury or death. Even gross negligence is not sufficient to bring a lawsuit against an employer and requires an employee to seek compensation through workers’ compensation insurance. However, if your boss broke the law and did not have workers’ compensation insurance, or if you believe you were injured because of an intentional action, talk to an attorney. 

Suing a Third Party for a Construction Site Accident

The potential third parties that could be responsible for your injury are numerous. They range from a property owner or manager, who could be different from your employer, to subcontractors like framers, electricians, excavation teams, and more. So many teams are involved in construction that injuries caused by employees of one subcontracting company to another are unfortunately very common. 

Suing the Manufacturer of Defective Equipment

Another party that may be responsible for your injuries is the manufacturer of defective equipment used on the construction site. Construction employees handle many complex types of machinery, and they need to rely on these machines to work safely. If a machine or other product malfunctions and hurts an employee, the production company may be liable. A company that offers such equipment for rent and is responsible for the equipment’s maintenance may also be liable. 

Contact a Winnebago County Construction Site Injury Lawyer

If your injury meets the conditions allowing you to sue your employer or a third party for getting hurt at work, you deserve to have the advocacy of a team of experienced Rockford, IL personal injury attorneys who will fight for your rights and for the compensation you need. Call the office of Mannarino & Brasfield, A Division of Schwartz Injury Law today at 815-215-7561 to schedule a free consultation and find out whether we can help you. 

Source: 

https://www2.illinois.gov/sites/iwcc/about/Pages/insurance.aspx