The construction industry is among the most dangerous. Injuries occur on construction sites at a high rate due to the various hazards that these workers face. If you were injured in a construction accident, there are options for recovering money to pay for your losses. The details of your case will determine whether you should file a workers’ comp claim or a lawsuit.
If you have suffered a serious injury while on the job, recovering compensation is critical. At the Morelli Law Firm, we have helped countless construction accident victims get the money they need after an injury. Contact us today to get a free consultation with one of our Edwardsville construction accident lawyers.
Damages You Can Recover After a Construction Accident in Edwardsville
After getting injured in a construction accident in Edwardsville, there are many damages you will likely be able to recover. Determining the specific damages that apply to your case will depend on the details of your accident and the compensation path you are pursuing.
If, for example, you are attempting to recover compensation through a workers’ comp claim, you will be unable to pursue non-economic damages. However, when filing a personal injury lawsuit, you will be eligible to recover all forms of compensatory damages and may be able to collect punitive damages as well.
All losses caused by your accident that impact you financially are categorized as economic damages. Economic damages cover all the money that your accident forced you to spend. Additionally, you can receive economic damages for the income you were prevented from earning because of your accident.
Economic damages not only cover current costs but can also be awarded for future expenses. Some of the most often claimed economic damages in construction accident cases include:
- Medical bills
- Future medical costs
- Property damage
- Lost wages
- Diminished ability to earn income
Any other losses resulting from your accident are considered non-economic damages. These damages may not affect you financially, however, their impact on your life will still likely be significant. Non-economic damages are often very personal and usually can not be replaced.
Because of this, the money awarded for these losses tends to be significant.
Some of the most often claim non-economic damages in construction accident cases include:
- Mental anguish
- Emotional distress
- Diminished quality of life
- Pain and suffering
- Permanent disability
- Loss of consortium
Only available in a small percentage of cases, punitive damages are used to punish the liable party for the part they played in causing the accident. Punitive damages are only used in extreme cases where the liable party acted in a manner deemed grossly negligent or if they acted in a manner intended to cause harm.
Liability Will Determine Your Options for Recovering Compensation
Proving liability is a critical first step when attempting to recover compensation after an injury. In a construction accident case, establishing fault will inform you of who to pursue compensation from and determine the means by which you can pursue damages.
If your injury was caused by an unavoidable danger of the job, you will likely have to file a workers’ comp claim to get the money you need. However, there are cases in which you can file a personal injury lawsuit against your employer instead. For example, if your lawyer intentionally caused you harm, you will be able to sue them for damages.
Employers are also required to provide a reasonably safe work environment. Although construction comes with inherent risks, unnecessary hazards should be removed, and adequate safety equipment provided. If your employer fails in this duty, you can file a lawsuit. You can also sue a third party if injured by a defective product or injured by a motorist while on the job.
Edwardsville Construction Accident Lawyer Near Me 877-751-9800
The Pros and Cons of Settling Out of Court
The majority of construction accident cases conclude in out-of-court settlements. The reason settlements are so common is that they are generally in the best interest of both parties.
For the injury victim, a settlement offers a means of recovering compensation that is far quicker than going to court. While a trial could result in collecting a larger payout from the at-fault party, the possibility of an unpredictable jury trial ending in a verdict that is not favorable is rarely worth the risk.
For the defendant, a settlement offers the added benefit of reduced legal fees. While going to trial could result in a win, a compromise is often the safer bet. Settling also allows the defendant to avoid any unwanted media coverage that may accompany a trial.
Make Sure to File the Necessary Paperwork on Time
In Illinois, construction accident victims must report any injury to their employer within 45 days if filing a workers’ comp claim. They will then have three years from the date of the injury to submit an official workers’ comp claim. If you are attempting to collect compensation through a personal injury lawsuit, you will have two years to file.
If you miss the filing deadline, there is a strong chance that you will be out of options for recovering damages. However, in certain situations, the filing deadline can be altered by the details of the case. An exception to the deadline could result in an extension or limitation on the time you have to file.
The best thing to do when trying to figure out the deadlines that apply to your case is to hire an experienced construction accident attorney in Edwardsville as soon as possible after your accident.
Reach Out to an Experienced Edwardsville Construction Accident Attorney Today
To give yourself the best chance of recovering the money you need after an accident, it is essential that you hire an experienced attorney. At the Morelli Law Firm, our team of construction accident lawyers has a history of securing favorable compensation both through settlement deals and court-ordered payouts.
Contact us today by phone or through our website to schedule a free case review with a member of our legal team.