Construction is one of the most dangerous jobs in Illinois. Thousands of workers are hurt each year, and many need to miss at least one day of work due to pain. Accidents have multiple causes, but negligence is a primary reason for construction site injuries. Call Michael J. Lichner today to talk about your job-related injuries. Our firm can review the facts of the case and analyze what compensation you can receive. An experienced Joliet, IL construction negligence attorney is standing by.
How Negligence Leads to Construction Site Injuries and Accidents
Negligence is the failure to use reasonable care. As a result, a person who is owed a duty of care ends up suffering damages. There are many examples of negligence we see at construction sites.
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Failure to Identify Hazards
A job site has many potential hazards that can injure a worker. To avoid accidents, construction site owners must identify hidden defects. For example, a power line might be buried on the property near the area that is to be excavated. The owner should point this out to the general contractor so the crew does not start digging a trench and hitting a live power source. That could lead to electrocution injuries and death.
Other hazards could include defects in a building, such as a wall that is unstable, or other hazards on the premises. The failure to point out hazards that could reasonably injure a worker is a type of negligence.
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Lack of Safety Training
Although it is impossible to make a job site 100% safe, adequate safety training can reduce construction accidents. Unfortunately, some employers skimp when it comes to training. They might try to save money, or they are pressed for time and throw their workers into the job without sufficient knowledge of how to protect themselves. Unsurprisingly, this causes the risk of injury to increase greatly..
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Failing to Follow Safety Standards
Any jobsite is subject to both state and federal regulations. The Occupational Safety and Health Administration (OSHA) publishes various safety standards that are designed to address construction accidents and their causes. Federal regulations address:
- Excessive noise
- Heat
- Trenching
- Excavation
- Ladders and scaffolding
- Fall protection
The regulations are detailed, and the general contractor should have full knowledge of all applicable standards. Illinois standards supplement the federal regulations. Unfortunately, an inexperienced contractor might be unfamiliar with what is required, or safety is too expensive and can slow down a project, so the contractor deliberately breaks the rules. OSHA inspectors fan out across the country and visit job sites to perform inspections every year, and they issue thousands of citations for violations.
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Poorly Maintained Equipment
Workers are often injured when they use poorly maintained equipment, which can malfunction. For example, an improperly maintained forklift could crash, or a saw might have a defective shield.
Power tools, in particular, are at risk of electrocuting workers when they are not maintained.
Personal protective equipment (PPE) can also become worn, leading to injuries. Insulated gloves, hard hats, masks, and face shields are common at many construction sites. When this equipment works properly, workers can minimize their risk of injury. But when PPE is defective or simply too old, then workers end up hurt in preventable accidents.
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Lack of Fall Protection Devices
Falls are a leading cause of construction site injuries. A worker can suffer concussions, neck injuries, paralysis, and more when they fall to the ground. Safety regulations typically require some type of fall protection device, such as a harness. Some contractors cut corners to save a few dollars, but that type of cost-cutting measure is negligent (at best) and reckless at worst.
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Negligent Site Management
A construction site can become dangerous due to clutter, miscommunication, and understaffing. Workers are sometimes injured because an inexperienced subcontractor is brought onto the job, and they perform their job poorly.
Construction Site Injuries Caused by Negligence
We see workers suffer from the full range of bodily injuries, including:
- Concussions
- Fractures
- Back injuries
- Hearing or vision loss
- Nerve damage
- Burns
- Lacerations or cuts
- Soft tissue sprains or strains
- Heat exhaustion
Any injury is serious and threatens a worker’s financial health. Missing work is costly for both the client and the construction worker.
Can You Hold Someone Accountable for Negligence?
An important question after an accident is whether the injured person can seek compensation. If you are a member of the public, then you can typically sue the person responsible for the accident. That might be the site owner, general contractor, or another person. Hire an experienced lawyer to analyze whether to file a negligence claim.
Construction workers are more limited in their legal options. The state’s workers’ compensation system will provide benefits for medical care and lost wages. But you are prohibited from suing your employer for negligence. That result might seem unfair, but it’s the trade-off involved with workers’ comp.
Nonetheless, injured workers might bring a negligence claim against a non-employer, such as the site owner for failing to identify hidden defects on the property, or the manufacturer of PPE. Let our experienced Will County construction negligence attorney review all facts to see which legal claims make sense.
Workers’ Compensation Benefits for a Workplace Accident
Construction workers should be eligible for receiving workers’ comp benefits. The good news is you do not need to prove negligence. It’s enough that you were hurt while working, so you should receive benefits.
Further, your own negligence will not matter when it comes to workers’ comp. You should still receive benefits, including disability benefits, if you were hurt on the job, even if you were a little careless yourself.
If you bring a third-party claim against a non-employer, however, then your own negligence will impact your case. You could possibly receive a smaller settlement due to your own negligence.
Contact Michael J. Lichner Today
Seeking compensation following a construction accident is a challenge. Injured workers need a lawyer familiar with construction accidents and their causes, as well as the rules involving workers’ compensation. Reach out to us today to schedule a consultation with our legal team.