Most workers injured on the job are limited to workers’ compensation benefits, unless negligence or other liability can be proved against a defendant other than the employer or a fellow employee. Workers’ compensation is intended to be the exclusive remedy for what would otherwise be personal injury litigation between workers and the companies they work for. In cases where a third party can be held liable for negligence, however, such as where the accident was the fault of a property owner, an independent contractor, a delivery driver, or an equipment manufacturer, a claim for personal injury damages can often be brought against a nonemployer defendant at the same time that a workers’ compensation claim is pending or even paying benefits.
In the construction industry, where workers employed by many different employers perform different specialized jobs at the same site, accident cases can usually be sued as personal injury claims, with or without a workers’ compensation claim. Because personal injury damages are broader and potentially much greater than workers’ comp damages in most cases, it will normally be to the injured worker’s advantage to file a personal injury lawsuit whenever the law allows it, and when the evidence indicates the liability of someone other than the employer.
At The Horwitz Law Group, our Chicago construction accident lawyers represent carpenters, plumbers, contractors , electricians, road/street-pavers, landscapers, heavy equipment operators, and drivers who have been seriously injured at construction sites. Construction workers work hard and should be compensated if they are injured doing their job. If you have suffered a construction related accident, don’t wait to get help! Call The Horwitz Law Group at 312-641-9200 for a free initial consultationwith a Chicago workplace injury lawyer right away.