When it comes to construction accidents, the path to compensation can be more challenging than many expect. At the Law Office of Jack M. Shapiro, P.C., located in Buffalo Grove, Illinois, I’ve seen firsthand the impact these accidents can have on individuals and families.
From physical injuries to emotional distress, the effects are far-reaching. While workers’ compensation may be a starting point, third-party lawsuits can play a crucial role in assuring the injured party receives full compensation. Let’s explore how third-party lawsuits come into play in construction accident claims and why they’re vital.
What Is a Third-Party Lawsuit?
A third-party lawsuit is a legal claim made against someone other than your employer or a fellow worker in the event of a construction accident. While Illinois law mandates workers' compensation benefits for those injured on the job, workers’ compensation only covers medical bills and lost wages.
However, when a third party is responsible for the accident—such as a subcontractor, equipment manufacturer, or property owner—the injured party can pursue additional compensation through a lawsuit.
This type of lawsuit goes beyond the limitations of workers' compensation and can hold the responsible parties accountable. To fully understand how third-party lawsuits work in construction accident claims, it's important to consider several aspects.
Common Third-Party Defendants in Construction Accidents
Many construction accidents involve multiple parties. Identifying the correct third-party defendant in a construction accident claim is crucial. Here are some of the most common third-party defendants:
Subcontractors: Often, subcontractors working on the same site can be responsible for accidents. If a subcontractor's negligence led to your injury—such as improper safety procedures or failure to maintain equipment—they can be held liable.
Property owners: Construction sites may involve various parties, including the property owner. If the owner failed to maintain a safe environment or provide necessary warnings about hazards, they could be responsible for the accident.
Equipment manufacturers: In some cases, faulty or defective equipment is to blame for a construction accident. If equipment failure caused the injury, the manufacturer of the equipment could be held liable in a third-party lawsuit.
General contractors: In some situations, the general contractor overseeing the site may be held accountable for safety violations, failure to enforce safety protocols, or negligent actions that led to the accident.
How Third-Party Lawsuits Affect Workers’ Compensation
Many people are unsure how a third-party lawsuit interacts with workers’ compensation. After all, Illinois law requires workers' compensation to cover injuries sustained on the job. The key here is that workers' compensation is a no-fault system, meaning that workers can receive benefits regardless of who was at fault for the injury.
However, if a third party is responsible for the injury, you can pursue additional compensation through a lawsuit. A third-party lawsuit doesn’t affect your workers’ compensation benefits, but it can allow you to recover damages for things like pain and suffering, emotional distress, and loss of enjoyment of life—things that workers’ compensation doesn’t cover.
For example, if you’re injured due to a subcontractor’s negligence, you can file a workers' compensation claim for medical expenses and lost wages. At the same time, you could file a third-party lawsuit against the subcontractor for pain and suffering or other damages.
What Damages Can You Recover in a Third-Party Lawsuit?
The main advantage of filing a third-party lawsuit in a construction accident claim is the opportunity to recover more than just medical expenses and lost wages. Here are some of the damages you can recover in a third-party lawsuit:
Pain and suffering: In many cases, injuries from construction accidents are severe, resulting in long-term pain, disability, or disfigurement. A third-party lawsuit can help you recover from these physical and emotional impacts.
Loss of consortium: If your injury impacts your relationships with family members or your spouse, you may be able to recover damages for the loss of companionship and support.
Punitive damages: In cases where the defendant acted with gross negligence or recklessness, punitive damages may be awarded. These damages are meant to punish the defendant and deter similar behavior in the future.
Future medical expenses: If your injuries require ongoing medical care or rehabilitation, a third-party lawsuit can help secure compensation for future treatment costs.
How Do I Pursue a Third-Party Lawsuit in a Construction Accident Claim?
To pursue a third-party lawsuit, there are several important steps to follow:
1. Seek medical attention immediately: The first and most important step after a construction accident is to seek medical attention. Even if your injuries seem minor at first, some conditions worsen over time. Getting checked out right away will also create a record of your injuries, which is vital for your claim.
2. Report the accident to your employer: In addition to seeking medical care, make sure to report the accident to your employer as soon as possible. This helps initiate the workers' compensation claim process and makes sure the incident is documented.
3. Consult with an attorney: Traversing third-party lawsuits in construction accident claims can be complicated. It’s essential to consult with an experienced attorney who can evaluate your case and determine whether you have a valid third-party claim. The right lawyer will also help you identify the responsible parties, gather evidence, and file the necessary paperwork.
4. Gather evidence and build your case: Building a solid case is crucial. This includes gathering evidence such as photographs of the scene, witness statements, accident reports, and expert testimony. An attorney can help you gather the evidence necessary to prove fault and pursue a third-party lawsuit effectively.
5. File the lawsuit: Once you’ve gathered all the necessary evidence and worked with your attorney, it’s time to file your lawsuit against the third party. The court will review your case, and both sides will present evidence. Your attorney will help represent your interests throughout this process.
What If My Third-Party Lawsuit Is Unsuccessful?
While third-party lawsuits can be successful, there’s always a risk that the defendant may not be held liable. If your lawsuit is unsuccessful, you may still be able to receive compensation through workers’ compensation. However, it’s important to understand that workers’ compensation may not cover all the damages you’ve incurred.
A skilled attorney will fight to maximize your recovery, whether through workers' compensation or a third-party lawsuit. If one route doesn’t yield a satisfactory result, there may be other legal avenues to explore.
Common Mistakes to Avoid in Third-Party Lawsuits
Pursuing a third-party lawsuit can be challenging, and there are several mistakes you’ll want to avoid. Here are some common pitfalls:
Delaying medical treatment: Waiting too long to seek medical care can weaken your case. It’s important to get treatment immediately and keep detailed records of your injuries.
Failure to report the accident: Not reporting the accident to your employer can cause issues when filing a workers' compensation claim and may complicate your third-party lawsuit.
Not hiring an experienced attorney: Traversing construction accident claims and third-party lawsuits is complicated. Hiring an experienced attorney makes sure that your case is handled properly, and you have the best chance of securing fair compensation.
Settling too soon: Sometimes, parties will offer settlements in a third-party lawsuit. However, it’s important to carefully consider the long-term consequences before agreeing to any settlement. A rushed decision may leave you with inadequate compensation.
Contact Me Today
If you or a loved one has been injured in a construction accident and you believe a third party is responsible, don’t hesitate to reach out to the Law Office of Jack M. Shapiro, P.C. I proudly serve clients in Arlington Heights, DuPage County, Lake County, Mount Prospect, Palatine, Vernon Hills, Mundelein, Cook County, Hoffman Estates, McHenry County, Northbrook, Schaumburg, and Wheeling. Contact me today to schedule a consultation and discuss your options.
