Construction accidents on the job unfortunately occur when machinery, equipment or the workplace itself is unsafe. Workers and their families may sue on several tort theories of liability, including negligence and strict liability against general and sub-contractors and product manufacturers.
Whiting Law Group has represented many workers who have been injured while on the job against contractors and/or parties including the employee’s employer. Construction accident litigation can be complex because a project site changes rapidly with many sub-contractors, equipment suppliers, laborers, and others leaving the site after performing work. Further, the physical nature of the worksite along with hazards that cause injury can disappear without warning or notice. Our Chicago Construction Accident Lawyers often utilize the services of our on-call investigation team, so valuable evidence regarding the negligent conduct that caused an injury does not disappear.
Going Beyond Workers Compensation
Even though you may be receiving workers compensation benefits, you may also have a recovery for your construction accident injuries against a party other than your employer. The right to pursue a third-party lawsuit against individuals and entities other than your employer is important because workers compensation benefits can be woefully inadequate to fully compensation you for your injuries. Workers compensation benefits can provide partial short-term wage replacement, medical care, and long-term disability benefits. However, the damages received in a civil lawsuit will tend to be far more extensive. The amount received in a civil action for lost past wages and future diminished earning capacity generally will be more generous. Further, some of the damages available in a personal injury lawsuit are not part of a workers compensation claim, such as pain and suffering, loss of consortium, emotional anguish, and punitive damages.
Our Wisconsin Construction Accident Attorneys carefully investigate the circumstances of a worksite mishap, so we can identify third parties who contributed to our client’s injury. Responsible parties who might be liable can include the project owner, general contractor, sub-contractors, equipment suppliers, engineers, architects, machinery manufacturers or leasing companies, and others. While workers compensation benefits are valuable because they can be obtained relatively fast on a no-fault basis, our law firm recognizes the importance of supplementing these benefits with personal injury damages for the maximum compensation.