Do you work in construction in Illinois? If so, you know that it can be a dangerous job, especially when anyone involved acts irresponsibly. Reputable construction firms ensure that all employees have the personal protective equipment they need to stay safe and are trained in all safety procedures.
However, accidents can happen even at the safest construction sites. Illinois’s workers’ compensation and personal injury laws offer key protections when you’re injured in a construction site accident. To take advantage of these laws, however, you first need to understand them.
Workers’ Compensation Laws in Illinois
Typically, workers’ compensation laws apply after you’re injured in a construction accident. The workers’ compensation system in Illinois is a no-fault system, making it possible for you to receive financial compensation after a construction accident regardless of who was at fault.
To qualify for workers’ comp, you must be classified as an employee, and your injury must have occurred while you were performing formal work duties. This means that if you’re an independent contractor, you’re ineligible to receive workers’ compensation benefits.
To obtain compensation under this system, you need to report your injury to your employer within 45 days, then submit an application for benefits to the Illinois Workers’ Compensation Commission. Assuming your claim is approved, you may receive compensation for:
- Medical care
- Lost wages
- Rehabilitation
Surviving family members can also apply for death benefits when an employee dies in an on-the-job accident.
If your claim is denied, you have the right to appeal. Appeals take place at a hearing run by an arbitrator. You’ll need to have a lawyer present during your appeal, and you’re more likely to get positive results if you hire one.
If you lose your appeal, you can continue the appeals process, potentially all the way to the Illinois Supreme Court.
Employers Without Workers’ Compensation Insurance
The aforementioned process assumes that your employer has purchased workers’ compensation insurance as required by law. If they haven’t, however, you aren’t out of options.
If your employer is uninsured, you can instead file a claim with the Injured Workers’ Benefit Fund. The state of Illinois set up this fund to cover workers’ compensation claims for uninsured workplaces.
Additionally, because your employer didn’t purchase insurance, they’ll no longer benefit from immunity to liability, which means you may file a lawsuit to obtain additional benefits. This isn’t an option when an employer is insured.
Third-Party Lawsuits
The main reason employers participate in the workers’ compensation system is that it shields them from most liability lawsuits. However, that doesn’t mean all parties are immune to lawsuits when you’re injured in a construction accident.
You have the right to file a lawsuit against any third party who contributed to your injuries. For example, if you were working with a tool that had a defect, the manufacturer may be partially responsible for your injuries. The same goes for when someone crashes their vehicle into the work site.
State laws allow you to file a lawsuit against the liable party for additional damages beyond what you receive from workers’ comp benefits, making it possible to seek comprehensive compensation for your miscellaneous losses.
Independent Contractors
Unfortunately, if you’re an independent contractor working at a construction site, you aren’t protected by Illinois’ workers’ comp laws. However, this also means that the party that hired you isn’t either. You may have the right to file a lawsuit against the construction company that hired you if your injuries were the result of negligence.
While there’s no guarantee that your suit will succeed, if you do win, you stand to receive compensation that isn’t normally available when filing for workers’ compensation.
A personal injury lawsuit could allow you to recover damages for negative effects like pain and suffering, diminished quality of life, and loss of consortium, which workers’ compensation doesn’t cover.
Statute of Limitations
The final law that you need to be aware of after a construction accident is Illinois’s statute of limitations on injury claims. This law places certain time limits on how long you have to act after suffering an injury in the state.
In most cases, the statute of limitations for personal injury claims is two years from the date of the original accident. You’ll have three years to file a claim with the Workers’ Compensation Commission, or two years from the date of your last compensation payment if you’re filing a lawsuit related to a workers’ comp claim.
Contact the Law Offices of Glenn & West, LLC, Today
Now that you have a better grasp of the laws that apply to construction accidents in Illinois, you can take the next steps down the road to recovery. Schedule a free consultation at our Nokomis or Litchfield office today to speak with a qualified injury attorney.
