Did you suffer injuries in a construction accident in Naperville, IL? Workers’ compensation may provide benefits, but you shouldn’t trust the insurance company to provide the full amount you deserve.
An experienced Naperville construction accident lawyer at the Law Offices of Mathys & Schneid can determine whether you’re entitled to additional damages for pain and suffering and other losses under Illinois personal injury laws.
Our lawyers have over 74 years of experience between us. Over the years, we’ve helped our injured clients recover over $150 million in settlements and verdicts.
How the Law Offices of Mathys & Schneid Can Help After a Construction Accident in Naperville, IL
Construction workers work hard for a living. You put your safety at risk every time you enter the job site. If you were injured on the construction site, you deserve to be fairly compensated for your injuries.
Unfortunately, workers’ compensation laws can be complicated. It can be tough to know whether you’re getting the full amount you deserve–and you shouldn’t expect negligent third parties to stand up and take responsibility for their actions.
Our Naperville personal injury attorneys at the Law Offices of Mathys & Schneid have decades of combined experience handling complex work injury cases. We’ve been recognized for our client service by Super Lawyers and Rising Stars.
Hiring us means you’ll have an attorney to:
- Evaluate your rights under workers’ compensation and personal injury laws
- Determine who was responsible for your injuries
- Calculate your case value
- File your workers’ compensation claim
- Help if your workers’ compensation claim was denied
- Negotiate with the insurance companies for the fair compensation you deserve
If you were injured on the job, don’t wait another second to get legal advice. Call our Naperville personal injury lawyers to schedule a free consultation today.
How Common Are Construction Accidents in Naperville?
Construction is one of the most dangerous industries in the United States. According to Occupational Health and Safety Administration (OSHA) data, about 20% of all workplace fatalities are in the construction industry.
According to data collected by the Bureau of Labor Statistics (BLS), private construction industry employers in Illinois reported about 4,200 injuries and illnesses in 2020. About half of those cases resulted in at least one day away from work. Another 900 injured construction workers required job transfer or restrictions after sustaining an injury on the job.
What is My Naperville Construction Accident Case Worth?
Establishing the value of any construction injury case is a fact-intensive process.
Nearly all Illinois workers are entitled to claim workers’ compensation benefits if they’re injured on the job.
The value of your workers’ compensation claim will depend on:
- The severity of your injury and the cost of your medical treatment
- Your average weekly wages prior to the accident
- The number of days you’re expected to miss from work
- Whether your disability is temporary or permanent
- Whether you can perform light duty work during recovery
- Whether you will be able to return to work once you have reached maximum medical improvement
Workers’ compensation benefits are valuable, but they don’t compensate injured construction workers for 100% of their losses. In fact, your workers’ compensation benefits will be capped at about ⅔ of your wages prior to the accident. Further, the benefits you receive are subject to a statewide cap that will limit the benefits you receive if your prior earnings were higher than the cap.
Your case value may be much higher if you’re entitled to file a personal injury case. Personal injury laws allow victims to seek compensation for all of their economic damages and non-economic damages.
While you can’t sue your employer for damages, you may have a valid personal injury claim if your injury was caused by:
- A negligent driver in a car crash
- Negligent property owners who fail to maintain their premises
- Manufacturers of defective work tools or equipment
- General contractors and other third parties on the construction site
- Government agencies responsible for oversight
If you don’t evaluate your rights under personal injury laws, you may end up leaving money on the table. If you were injured in a construction site accident, call our law firm in Naperville to learn more about your legal options today.
What Types of Compensation Are Available To Construction Accident Victims?
The types of damages you may receive depend on whether you can file a personal injury lawsuit or are limited to Illinois workers’ comp benefits.
Workers’ compensation offers the following types of benefits:
- All reasonable and necessary medical expenses
- Temporary total disability (TTD) benefits if you’re totally unable to work
- Temporary partial disability (TPD) benefits if you can work in a limited capacity while you recover
- Permanent total disability (PTD) if you will never be able to work again
- Permanent partial disability (PPD) if you’re permanently disabled but able to work in some capacity
- Vocational retraining benefits
- Death benefits to surviving family members if the workplace accident was fatal
These types of compensation are designed to help cover your financial losses while you recover.
Damages in a Personal Injury Case
If you’re entitled to file a personal injury lawsuit, you can seek compensation for both financial costs and non-financial losses, including:
- Past and future medical expenses denied by workers’ comp
- 100% of your lost wages
- Lost future earnings
- Property damage
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Loss of consortium
- Physical disfigurement and scarring
- Other mental health disorders, including anxiety and depression
To learn more about your right to compensation, call our Naperville construction accident attorneys at the Law Offices of Mathys & Schneid for a free case review.
Can I Recover Damages If I’m Blamed for a Construction Accident in Illinois?
Shared fault is not an issue if you’re limited to workers’ compensation benefits. Workers’ compensation is a no-fault system. It compensates workers even if they were partly or wholly responsible for their own injuries.
Under Illinois personal injury laws, a modified comparative negligence law applies. Injured parties can recover partial compensation if they’re less than 51% responsible. Your compensation will be reduced by your portion of fault. Once your liability reaches 51%, you’ll be barred from suing for damages.
We’ll Fight To Recover Compensation for All of Your Construction Accident Injuries
Our accident and injury lawyers at the Law Offices of Mathys & Schneid handle all types of personal injury matters in Naperville, including those involving:
- Back injuries
- Crushing injuries
- Traumatic brain injuries
- Broken bones
- Nerve injuries
- Neck injuries
- Soft tissue damage
- Spinal cord injuries, including herniated discs
- Internal organ damage
- Eye injuries
- Hearing loss
- Musculoskeletal injuries
- Catastrophic injuries
- Wrongful death of a loved one
Regardless of the severity of your injuries, it never hurts to call an experienced attorney after an accident. Call our lawyers in Naperville to schedule your free initial consultation today.
What Causes Most Construction Accidents in Naperville, Illinois?
Construction accidents happen for many different reasons.
Some of the most common causes of construction injuries include:
- Lack of proper protective gear and fall prevention equipment
- Failure to communicate
- Dangerous property conditions
- Failure to properly train and supervise workers
- Violation of state and OSHA safety regulations
- Defective work equipment
We handle all types of construction accident claims, including those involving:
- Scaffolding accidents
- Falls from roofs, ladders, and other heights
- Building collapses
- Fires and explosions
- Welding accidents
- Electric shock
- Industrial accidents
- Accidents involving cranes, forklifts, and heavy machinery
- Truck accidents
- Other motor vehicle accidents
- Exposure to toxic chemicals and substances
- Workplace violence
Determining the cause of your accident is the key to recovering fair compensation. To learn more about how an experienced attorney can help, give us a call today.
How Do I Prove Negligence After a Construction Accident in Illinois?
While you do not have to prove negligence to recover workers’ comp benefits, most personal injury claims involve negligence theories.
To establish negligence, you must prove:
- The defendant owed you a legal duty of care
- A breach of duty occurred
- The breach caused the accident
- You sustained damages
It’s also possible that your injury case could be based on strict liability if your injury was caused by a defective product or tool.
How Long Do I Have To File a Lawsuit After a Construction Accident in Illinois?
You typically have two years to file a personal injury lawsuit in the state of Illinois. If you wait any longer, you forfeit your right to damages.
You must notify your employer about your injury quickly after an accident to protect your right to claim workers’ compensation. You have only 45 days after the accident to notify your employer, or you risk losing your right to these valuable benefits.
Schedule a Free Consultation With Our Naperville Construction Accident Lawyers
A serious construction accident can change your life in unanticipated ways. Contact an experienced Naperville construction accident lawyer to learn more about your right to compensation. At the Law Offices of Mathys & Schneid, your consultation is always free, so there’s no risk in reaching out for legal advice.