Most highways in Illinois seem to be under construction, no matter what time of year it is. Drivers passing through these construction zones must follow certain rules, and the construction crew must do the same.
When highway construction accidents happen, they’re often devastating.
Construction jobs are one of the most dangerous jobs in the country. According to the CDC, 2,103 workers lost their lives at road construction sites between 2003 and 2019.
Highway construction is not only dangerous for workers, but also for pedestrians and drivers navigating the construction site. About 774 people on average lose their lives in construction and maintenance work zones every year.
If you’re one of the many people who are injured in a highway construction accident, we wrote this article to help you navigate this situation. Below, we talk about the following topics:
- How to find the right construction accident attorney to get you the compensation you deserve.
- What to do if you’re hurt on the job in a highway construction accident (and what to do if you’re hurt and you’re not a construction worker).
- Types of compensation available for injured workers and others.
- Common causes of highway accidents.
- The statute of limitations for filing a lawsuit in Illinois.
Hurt in a road construction accident in Illinois? Our auto accident lawyers can help. Contact us today for a free consultation at (312) 578-9501 or fill out the form on this page to get started. We’re available 24/7/365 to take your call.
If you’re not ready to contact an attorney just yet, keep reading to learn more about your rights following a construction accident in Illinois.
How to Find the Right Highway Construction Accident Attorney for You
You see the billboards everywhere: Personal Injury Lawyers, We Win Cases! You may be wondering if you should call that 1-800 number.
Some folks do, and they hire a great lawyer. Others may have a different experience.
You should know that there are more reliable ways to hire the right construction accident attorney for you. Here are a few ways to find them:
- Search for construction accident attorneys in your area on Google. Google will automatically identify the top-rated law firm in your area. Before you call them, make sure to look at their reviews and website. See if they handle the type of case you have–and have come through for their clients.
- Ask your family and friend for recommendations. Sometimes, the best attorneys aren’t the first results you see on Google. Talk to your family and friends, and see if they know a reputable law firm (like Shannon Law Group) who can help you. If you know an attorney who doesn’t practice personal injury law, they may know a fantastic one who does.
During your search for the right attorney be patient. Trust your gut. Don’t hire an attorney you don’t feel comfortable being around.
If you feel pressured or rushed to sign forms, take a moment and wait. This is your case, and you deserve nothing less than the best representation.
Why Hire a Chicago Construction Accident Lawyer like Shannon Law Group?
You may be thinking, “Do I even need to hire a construction accident attorney?”
If you’re seriously injured, we highly recommend that you do. Why?
From the moment the accident occurred and you were injured, your primary focus has been on getting better and providing for your family again.
For the at-fault driver or company’s insurance, their primary focus has been on building their case against you. They’ve already collected evidence from the scene of the crash, and they’re keeping tabs on your treatment. Their top priority is to keep as much money in their pockets as possible.
As personal injury attorneys, our job is to secure the compensation our clients deserve from these companies. We do this by taking them to trial and holding them accountable in the courtroom.
Due process cannot happen unless you hire an attorney to represent you.
Fortunately, it doesn’t cost you anything to hire an attorney upfront. You sign a representation agreement that states you will pay them a contingency fee when your case resolves. In the meantime, they will cover all costs associated with your lawsuit.
If they are unsuccessful and do not come through for you, you won’t have to pay a dime.
Here are the top three benefits of hiring an attorney following a highway construction accident:
- You’ll focus on getting better while your attorney will take care of securing compensation for your damages.
- Your attorney will investigate the cause of the accident and identify whether any parties were negligent.
- You and your attorney will hold the responsible parties accountable in the courtroom by filing a lawsuit.
If you have any questions about your rights, you can contact us anytime at (312) 578-9501 and speak to one of our experienced construction attorneys.
I Was Injured in a Highway Construction Accident. Do I Have a Case?
Yes, you may have a case against the negligent driver and/or companies who caused the accident.
If you were injured at a highway construction site while on the job, you will be eligible for workers’ compensation benefits, regardless of who is at fault. You may also have a third-party lawsuit if another company or worker was negligent.
Let’s say you were driving or crossing the street through a highway construction site during the crash. In this situation, you would have a case against the companies whose negligence contributed to your injury.
How does the Illinois judicial system determine negligence? Illinois has adopted modified comparative negligence (735 ILCS 5/2-1116) when determining the amount of compensation a plaintiff is entitled to.
Under this law, the plaintiff may recover damages only if he or she is less than 50% at fault. The recovered amount may be reduced in proportion to the degree that which the injured party was at fault.
Can you sue your employer for a construction injury?
No. Under Illinois law, you cannot sue your employer if you were injured at a highway construction while on the job. You have to go through the workers’ compensation system.
Workers’ compensation is a state-mandated insurance program that provides several benefits to injured workers. An employee with a work-related injury. Since 1912, the Illinois Workers’ Compensation Act has covered all injuries that are caused by the employee’s work.
Workers’ Compensation Benefits Are Available
If you were injured on the job, you may be eligible for the following benefits under workers’ comp:
- Temporary disability benefits. If you can’t work while you’re recovering from a work injury, you may receive temporary total liability (TTD) benefits. You have to meet certain criteria in order to get TTD benefits. The amount of your TTD benefits will be two-thirds (2/3) of your pre-injury average weekly wage. TTD benefits will continue until your doctor notes that your injury has improved with treatment, also known as maximum medical improvement (MMI).
- Permanent total disability benefits. Once you’ve reached maximum medical improvement, your doctor will determine if your injury has permanently disabled you and to what extent. If you’re found to be permanently disabled, you will receive benefits for the rest of your life.
- Permanent partial disability benefits. If you’ve lost the use of a part of your body, you may receive permanent partial disability benefits.
- Medical benefits. Workers’ compensation will pay for all reasonably necessary medical treatment related to a work injury.
- Vocational rehabilitation and maintenance benefit. If you can’t return to your normal job due to your injury, you may receive counseling, education, training, and other assistance to find a new job.
- Death benefits and burial expenses. If your loved one passed away from a work-related injury, you may be eligible to receive death benefits. The benefit is two-thirds (2/3) of the workers’ average weekly wage. The family may also receive up to $8,000 in burial expenses.
Determining Liability and Filing a Third-Party Lawsuit
If other parties are responsible for your injury, you can file a third-party lawsuit against them. Examples include equipment manufacturers, subcontractors, and vehicle drivers.
In a third-party lawsuit, you’re entitled to recover economic and non-economic damages. Examples of economic damages include:
- Past and future lost wages.
- Past and future medical bills.
- Reduced or lost earning capacity.
- Life care costs.
Non-economic damages are intangible damages sustained by the injured party as a result of the accident. Juries award compensation for non-economic damages during trials.
Here are a few examples:
- Pain and suffering.
- Disability.
- Disfigurement.
- Loss of a normal life.
Your attorney will hire experts to determine the extent of both your economic and non-economic damages, and these experts will testify on your behalf if your case goes to trial.
Injured at a highway construction site, but not a worker? You have legal rights, too.
If you were injured at a construction site through no fault of your own, you are entitled to past, present, and future damages under Illinois law.
By filing a lawsuit, you’re holding the responsible parties accountable. There are laws in place to prevent these accidents from happening, and someone likely didn’t follow the rules. You shouldn’t have to suffer for their error.
Time Is Limited to File a Claim and Lawsuit in Illinois
In Illinois, plaintiffs have a certain amount of time to file a lawsuit after the date of the construction accident. This is known as the statute of limitations.
You typically have two (2) years from the date of the accident to file a lawsuit. This time limit may vary depending on who the defendants are.
We recommend contacting an attorney as soon as possible following the construction accident to preserve your legal rights to compensation.
Our Construction Accident Attorneys Are Ready to Help You
You don’t have to suffer after a construction accident alone. Our auto accident lawyers are here to navigate you through this process, hold the responsible parties accountable, and get you the compensation you need to live a fulfilled life.
Contact us today for a free consultation. Call us at (312) 578-9501 or fill out the form at the bottom of this page to get started.
Schedule Your Free Consultation Today
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