Occupational Accidents During Site Construction
Construction accidents can be very serious and it would not be surprising if a high number of total catastrophic accidents came from this profession. Many times construction workers work outside in dangerous conditions like in traffic, on highways, and on tall scaffolding’s. Construction workers injured will be covered by workers’ compensation laws, and they should contact an attorney to navigate through this complex process.
There are federal and state laws that govern the construction profession. The major federal law is the Occupational Health and Safety Act of 1970, or OSHA which provides standards for American workplaces. Each state has their own laws for health and safety standards, and it is best to check the laws of the state in which an employee works. In Illinois the Illinois Department of Labor provides state standards. IDOL provides more specific standards for local employees on issues not covered by OSHA and they help implement and enforce the federal regulations.
Large construction projects can be very complex with many levels of workers and employers including site owners, architects, engineers, contractors, construction managers, and manufacturers of construction machinery and equipment. If an injury occurs, the nature of the employee will determine the parties from which an injured worker is entitled to recover.
Generally, the general contractor is responsible for the implementation of the OSHA regulations and is legally responsible for the safety of the construction environment.
Each state has workers’ compensation laws to which any employee is entitled. In Illinois, the Illinois Workers’ Compensation Commission oversees the cases, and they are heard by an administrative body. This helps keep costs down from litigation and it is a cheaper alternative for both employers and employees. What needs to be proven by the injured party is that they were injured, or an existing injury was aggravated at work.
Bystanders who are not workers but were injured by a construction accident will be able to file a lawsuit and receive compensation for their injuries. If the injury was a result of defective products, there may be additional recovery for an injured party from the manufacturer, supplier, or seller.
If deaths are suffered in construction accidents, the estates of the decedent will be able to recover for the loss of the life and related claims.
For both types of injured parties, compensation can be had for lost wages, pain, suffering, and medical bills. It is imperative to seek an attorney immediately for consultation. An attorney can provide guidance to ensure that an injured party will be able to be fully compensated for injuries in an accident. It is important not to delay, as claims need to be filed within a certain amount of time or else an injured parties’ claim is forever barred.
The above stated is the reason why it is imperative that it is in the victim’s best interest to secure an attorney as soon as possible, to be sure all time sensitive documents and materials are filed in a timely basis. Your lawyer will advise you of the exact statute of limitation that would apply at that time in your State. Every statute of limitation situation is different and sometimes they are longer or shorter. This information is not to be construed as an opinion on your case. We urge you to contact our lawyers immediately so you do not fail to file the proper documentation within the appropriate time limitations. Please contact our lawyers at David K. Kremin & Associates at 1(800) ASK-A-LAWYER or 1(800) 275-2529.