Attorney David Jasmer has more than 20 years of experience helping injured construction accident victims in the Chicago area. With his in-depth knowledge of the legal process, Mr. Jasmer can provide you with the advice you need at every stage of your case. In this blog, he offers straightforward answers to the most frequently asked questions about construction accident cases.
Speak to a Construction Accident Lawyer
The Jasmer Law Firm is the go-to law group for victims of negligence resulting in serious and catastrophic injury or death. We are recognized as a leader in the field and are known for our extraordinary ability to maximize the value of our clients’ cases. Call 312-782-6344 for a free consultation.
What do I do after a construction accident?
If you were injured in a construction accident, the first thing you should do is seek medical attention. Document everything, and follow your doctor’s advice at every stage. This will not only improve your health but also increase your chances of receiving a full settlement or jury verdict.
Next, you should seek advice from an experienced attorney who handles construction accident cases. Lawyer David Jasmer can help you understand your options, assess your case and provide you with straightforward advice. Additionally, he can guide you through the process of obtaining workers’ compensation benefits and compensation through a personal injury action.
Too many people wait before getting an attorney, thinking (erroneously) that they can handle the case themselves, or that their construction accident is “too small” to warrant attorney involvement. The reality is that cases often settle more quickly and for larger sums when they are attorney-represented. Hiring an attorney keeps you from missing out on the compensation you deserve.
Speak to a construction accident lawyer at Jasmer Law to discuss your case.
Who is responsible for paying damages after a construction accident?
After an accident, it can be challenging to know who is at fault and who should pay for the injuries you have suffered. If you were injured at work, you are entitled to workers’ compensation for your injuries, regardless of who is at fault.
Additionally, if your injuries were the result of negligence by a third party, you may be able to secure compensation through a personal injury action. A third party may include:
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General contractors, subcontractors, architects, designers, engineers, and otherindividuals who have worked on the project
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The manufacturer of a piece of defective construction equipment, machinery, or tools
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The designer of a piece of defective construction equipment, machinery, or tools
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Maintenance companies that failed to inspect equipment or fix issues
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Delivery drivers and other visitors to a construction site
Every situation is unique. Attorney David Jasmer will thoroughly investigate the cause of your construction accident. He also frequently works with construction and materials experts. This allows us to help our clients hold the negligent parties accountable.
To speak to David Jasmer about your construction accident case, call 312-782-6344.
How do I receive full compensation on my construction accident claim?
To protect your claim, it is important that you contact an attorney as soon as possible. In most cases, Illinois observes a two-year statute of limitations on construction accident claims; for this reason, you should have an attorney by your side as soon as possible in the process. Investigations and building your case can take time. The sooner you contact an attorney, the stronger your case will be before you file.
With any major injury from a construction accident, the investigation is both fact-intensive and time-sensitive. We look at all the evidence, from materials and on-scene evidence to medical records and witness statements. This evidence helps us to build our clients’ cases. After gathering evidence, we work directly with industry experts to analyze and understand the evidence. This includes experts in the medical profession, construction, and other areas that are relevant to our clients’ cases.
This type of thorough and comprehensive investigation can take significant time, and in any personal injury case, time is of the essence. Be sure to speak with an attorney about your case as soon as possible to protect your claim. Call the Jasmer Law Firm now: 312-782-6344.
How long do I have to file my construction accident claim in Illinois?
For most personal injury and wrongful death claims, the statute of limitations is two (2) years from the date of the injury or death. Additionally, the Illinois Construction Statute (735 ILCS 5/13-214) applies to “acts or omissions in the design, planning, supervision, or management of construction”, and may alter this statute accordingly. Finally, Illinois permits four (4) years to file a lawsuit from the date that you knew (or should have known) about the issue that caused your injury.
As with most personal injury cases, a personal injury attorney can provide the necessary advice and assistance to resolve your case for its full value. To speak to a construction accident attorney near you, call 312-782-6344.
Do I need a construction accident attorney?
The legal process can be confusing, especially if you have never handled a construction accident case like this before. Attorney David Jasmer will:
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Stand by your side at every stage of the process
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Guide you through the complex legal system
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Act as your advocate at hearings and negotiations
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Answer your questions about the process
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Give straightforward advice
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Ensure that your case meets the strict deadlines and filing requirements
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Build a strong case on your behalf so you can secure the compensation you need
Construction workers injured in crane collapses, scaffolding collapses, and other types of on-the-job construction injuries are encouraged to call 312-782-6344 for a free case evaluation.
What is my construction accident case worth?
Every case is different, and the amount of compensation you are entitled to will depend on a number of factors. This includes:
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The nature and extent of your injuries. With a personal injury claim, you may be able to secure compensation to help you cover medical expenses. These expenses will vary greatly depending on the type of injury you have. For example, a spinal injury that results in lengthy hospitalization can have high medical costs.
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The lifestyle impact of your injuries. Some injuries can have a significant impact on your life. If you become paralyzed or lose a limb in a construction accident, you may need to make changes to your home, such as adding ramps. You can make a claim for these costs as part of your lawsuit. You may also be able to claim differences in compensation if you are forced to change careers as a result of your injury or are unable to work.
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The nature of your claim, Different types of damages are available for different types of claims. For workers’ compensation, you can expect to receive coverage of your medical expenses as well as a part of your wages while you are unable to work. In a personal injury claim, you can secure compensation to cover medical costs, lost income, damages for pain and suffering, and disability.
What are the most common types of construction accidents?
According to the Occupational Safety and Health Administration (OSHA), falls are the most common accidents on construction sites, including slips, trips, and falls from heights such as scaffolding, ladders, or roofs. Other frequent accidents include being struck by objects, electrocutions, and caught between incidents where a worker is trapped between equipment or materials.
What causes most construction accidents?
The leading causes, often called the “Fatal Four,” are:
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Falls (from heights or on the same level)
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Being struck by objects
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Electrocution
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Caught-in/between accidents (e.g., pinned by equipment or collapsing materials)
Crane collapses deserve special mention here; while relatively rare, they can be extremely deadly. On March 15, 2008, a tower crane collapsed in Manhattan, killing seven people: one of the deadliest crane collapses in United States history. The OSHA investigation determined the primary cause to be a failure to secure the polyester web slings holding the crane's positioning in place. When the collar broke free, it struck and broke a lower connection, toppling the crane onto pedestrians.
If any of these have occurred, speak to a construction accident lawyer as soon as possible to preserve your case. Call Jasmer Law Firm at 312-782-6344.
Who is responsible for a construction accident?
Liability can fall on several parties, including the employer, site owner, general contractor, subcontractors, equipment manufacturers, or third parties. Responsibility depends on who had control over the site, provided safety equipment, or created hazardous conditions. Speak to a construction accident lawyer to discuss your case.
What compensation can I recover after a construction accident?
Injured workers may be entitled to compensation for:
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Medical expenses (emergency care, surgeries, rehabilitation)
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Lost wages and future earning capacity
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Pain and suffering
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Emotional distress
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Property damage
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Loss of consortium (for spouses/partners)
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In cases of extreme negligence, punitive damages may also be awarded
If you believe you have a construction case, call Jasmer Law Firm at 312-782-6344.
How can construction accidents be prevented?
Prevention strategies include:
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Providing thorough site safety orientation and training
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Enforcing the use of personal protective equipment (PPE)
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Implementing and enforcing site-specific safety plans
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Conducting job hazard analyses
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Ensuring proper planning, sequencing, and coordination of work
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Regular safety inspections and enforcement of OSHA regulations
These steps can significantly reduce the risk of accidents and improve overall site safety. For tailored answers to your questions about construction accident cases, contact us online or call us at 312-386-7011 or 866-920-6021. The consultation is free. Attorney David Jasmer can meet with you during the evening or on the weekend.
What should I do immediately after a construction accident in Illinois?
Right after a construction accident in Illinois, ensure that any injured persons receive immediate medical attention and secure the scene to prevent more harm. Once safety and health are addressed, quickly notify your site supervisor, foreman, and other relevant company representatives responsible for site safety oversight. If the company designates a specific safety officer or department, contact them as well.
For incidents involving fatalities, hospitalizations, amputations, or loss of an eye, Illinois OSHA (IL OSHA) requires employers to report the event within eight hours for fatalities and within 24 hours for severe injuries, such as inpatient hospitalizations or lost limbs or eyes. Document the accident thoroughly with photos or videos, secure any relevant equipment or clothing, and gather statements from witnesses.
Can I sue for a construction accident in Illinois?
Illinois workers generally cannot sue their employer for workplace injuries, as per Illinois’ adaptation of “exclusive remedy” workers' compensation law. The Illinois Workers' Compensation Act (820 ILCS 305) makes workers' compensation insurance the primary way for employees to receive benefits for lost wages, medical expenses, and disability, regardless of fault.
However, a lawsuit against an employer may be allowed in rare scenarios, such as when the employer’s intentional or egregious conduct caused the injury, or if the employer failed to carry workers’ compensation insurance. Claims for pain and suffering and other non-economic losses generally aren’t available through workers’ compensation.
If another party—such as a subcontractor, property owner, or equipment manufacturer—caused or contributed to the accident, injured workers can pursue a third-party lawsuit for negligence, potentially recovering compensation beyond what workers’ compensation provides.
Speak to a construction accident lawyer at Jasmer Law to discuss your case.
What is third-party liability in Illinois construction accidents?
If a party other than an employer (e.g., another contractor, property owner, or manufacturer) was negligent and caused or contributed to the injury, the injured worker can bring a third-party claim for damages. Proving such a case requires showing that the third party had a duty of care, breached that duty, and that the breach directly led to the injury.
Third-party claims may permit compensation for pain and suffering, lost quality of life, permanent disability, and disfigurement—types of damages unavailable in workers’ compensation cases. Speak to a construction accident lawyer at Jasmer Law to learn more
How long do I have to file a construction claim in Illinois?
Illinois law generally allows workers four years from the date of a construction accident to bring a personal injury lawsuit against a third party. For workers' compensation, injuries must be reported to an employer as soon as possible (preferably in writing), and a claim should be filed with the Illinois Workers’ Compensation Commission within three years of the injury, or within two years of the last compensation payment, whichever is later.
Do I need a construction accident lawyer in Illinois?
Construction accidents often include issues of liability, multiple parties, overlapping insurance policies, and subrogation rights. Given these confounding factors, it is strongly recommended to have an attorney experienced in Illinois construction injury cases. Legal counsel can help ensure evidence is preserved, deadlines are met, and maximum compensation is pursued.
If you have been injured in a construction accident in Illinois, you deserve to know your rights. Speak to a construction accident lawyer at Jasmer Law to discuss your case.