The construction industry is a powerhouse in both Illinois and Indiana. It also offers one of the most dangerous places to work in our part of the country. Read, What Is The Most Dangerous Job in Indiana and Illinois?
One reason that construction work is so dangerous is because the hazards are so varied. Construction workers do all sorts of things on the site. As the Bureau of Labor Statistics (“BLS”) explains:
Construction laborers perform many tasks that require physical labor on construction sites. They operate hand tools, power tools, and a variety of equipment such as air hammers, cement mixers, and surveying and measuring equipment. They may clean and prepare sites, dig trenches, set braces to support the sides of excavations, erect scaffolding, and clean up rubble, debris, and other waste materials. As of May 2021, there were 968,760 people employed as construction laborers.
Deadly dangers are everywhere. The Occupational Safety and Health Administration (“OSHA”) warns that “[c]onstruction is a high hazard industry that comprises a wide range of activities involving construction, alteration, and/or repair. Construction workers engage in many activities that may expose them to serious hazards, such as falling from rooftops, unguarded machinery, being struck by heavy construction equipment, electrocutions, silica dust, and asbestos.”
For more, read:
- Construction Workers: The Most Dangerous Job Today
- Construction Worker’s Danger of Being Hurt or Killed on the Job: High Risk and Little Protection
- Construction Workers in Indiana and Illinois Deserve Respect for Working One of the Most Dangerous of Jobs.
Legal Complexities of Construction Worker Accidents
Whenever there is an accident on a construction site in Illinois or Indiana, several legal distinctions come into play insofar as how the worker-victim can obtain justice for bodily injuries sustained on the job.
How the worker is labelled under the law (employee; contractor) as well as the basis for liability of the employer and others on the site can make a huge difference in damages that can be recovered by both the victim and the worker’s loved ones.
For more on damages, read: Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana; Who Can Claim Damages After a Work Accident in Indiana or Illinois? and What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
Worker’s Compensation
The first question after a construction site accident for those advocating for the injured worker will be whether or not there is worker’s compensation coverage under state or federal law. Most worker’s compensation claims involving construction accidents will be covered by Indiana or Illinois statutes; however, there may be situations where federal law applies. See, Work Injuries and On-the-Job Accidents in Indiana and Illinois With Federal Law Protections: FELA, Jones Act, LHWCA, DBA.
What is Worker’s Compensation? In both Indiana and Illinois, laws have been passed that mandate employers must pay for a special kind of insurance policy that meets statutory requirements for the purpose of protecting employees who are hurt on the job. There are also federal workers’ compensation laws. It is considered to be a “disability insurance program” that provides things like lost wages and medical care benefits.
Key here: only employees are covered by these insurance policies. Only certain benefits are provided, which are much less than damages that can be recovered in a standard personal injury lawsuit. Fault does not have to be established by the worker in order for a claim to be honored.
Independent Contractors and Worker’s Compensation
Employers are only required to pay insurance premiums to protect employees on their payroll. Independent contractors are not covered by worker’s compensation. This means that someone can be working on a construction site and suffer catastrophic injuries, even fatal ones, and not be able to file a workers’ compensation claim with the company that was benefiting from their efforts.
Claims Outside of Workers’ Compensation after a Construction Site Accident
Construction sites, especially large projects like college campuses; large office buildings; or urban roadway infrastructure, are notoriously complex. Under the oversight of a project manager and general contractor, there will be various trades and specialties on the site as sub-contractors do their work. This makes the determination of legal liability complicated, with more than one company potentially having legal accountability for what has transpired. Read, Multiple Employers on the Construction Site: Who Is Liable For Construction Worker Accidents?
Legal claims also get more challenging if the employer failed to get workers’ compensation insurance, or if the premiums have not been paid and the carrier is balking at coverage. If the policy is not valid, then claims must be pursued against the employer who has failed to keep up with the policy requirements.
Worker Victim Has the Duty to Prove Liability of Third Parties
Third parties are any company or individual that is not the employer of the injured worker. These third parties must be investigated, as well, for their potential responsibility to the victim of a construction site accident. Each case will have its own particularities; consider the following examples:
- If a crane part was defective then the manufacturer as well as the supplier and any company that repaired or maintained that equipment may be liable for the injuries that resulted from that crane part failure.
- If a third party came to the site to do work that involved a toxic chemical and failed to do the necessary steps to protect the site from explosion or release of toxic gases, then claims may be advanced against that company for damages.
- If a truck driver (e.g.., dump truck, forklift, etc.) is seriously injured in a vehicular accident caused by another truck, bus, or motor vehicle, injury claims can be pursued against the driver of that truck, bus, or motor vehicle as well as its owner and others.
For more, read Workers’ Compensation and Third-Party Claims for On-the-Job Accidents.
Claims against third parties must be built on the longstanding personal injury laws of negligence, defective products, premises liability, product liability, wrongful death, and more. In a standard negligence claim, the construction worker must bring forth admissible evidence that establishes the defendant breached a legal duty of care to the victim which was the cause of the accident damages.
This will require witnesses (eyewitnesses; physicians; accident reconstruction experts; etc.) and documentary evidence (medical records, time sheets, change orders, etc.) to prove things like:
- A failure to provide the construction worker with proper Personal Protective Equipment (“PPE”) to protect against a fall, such as a harness or a hardhat;
- Not properly maintaining, inspecting, or repairing heavy equipment or machinery (like a crane or an aerial lift) whose failure caused the worker’s injuries;
- Scaffolding that fell apart, causing multiple worker injuries or deaths, because it was not inspected before use and because it was not supported or installed correctly;
- Trench collapses resulting from a lack of structural support; or
- Explosions because of improper housekeeping or storage of hazardous materials on the site.
Potential Third Parties in Construction Site Accident Claim
As a thorough investigation is undertaken of a serious construction site accident in Indiana or Illinois, the facts may reveal one or more potential defendants in the injured construction worker’s legal fight for justice. They include:
1. The General Contractor
In a construction project, the general contractor has the duty to keep workers (and others) safe on the site. If the general contractor fails in that duty, as for example hiring an inexperienced or sloppy subcontractor or ignoring known OSHA safety regulations, then there can be legal liability for worker injuries.
2. One or More Subcontractors
In most construction projects, specialized subcontractors will be on the site to do things like roofing, electrical, or HVAC. If any sub used cheap materials, etc., that contributed to the incident, then they may be liable. Contracts must be reviewed, too, to determine if there is vicarious liability on the part of the general contractor for the sub’s negligence.
3. Equipment and Machinery Manufacturers; Maintenance and Repair Companies
Heavy equipment and machinery on the construction site comes with its own set of dangers. These big and powerful cranes, lifts, drills, saws, etc. and even ladders or small equipment like power tools, must be inspected daily before use. If they are flawed, or if they fail during operation, then those responsible for the machine itself as well as those with the task of repair or maintenance may be liable for the harm caused by the product.
4. Design Professionals (Architects; Engineers)
In any large construction project, there will be architects and engineers involved in the plans and specifications. They may have contractual responsibility for safety practices on the site as they oversee those plans being built.
5. Landowner
Even if the project is being built by construction professionals, the owner of the project itself and the underlying real estate may nevertheless have legal responsibility for any accident on the premises. A fall injury suffered by a construction worker due to an open hole or ditch, or electrocution from hidden live wires, may bring legal claims against the premises owner(s).
Justice After a Serious or Deadly Construction Site Accident in Illinois or Indiana
Everyone walking onto a construction site here in Indiana and Illinois needs to know these are very dangerous workplaces. Construction workers go on the job each day where they face serious or deadly dangers at every side. Sadly, these dangers continue to cause worker accidents with horrific consequences because construction employers are notorious for putting profits over people and allowing construction workers to remain at risk.
Construction workers who suffer a serious accident on the job may have several avenues for justice under the state laws of Indiana and Illinois, or federal law. A number of parties may have legal liability to the worker and the worker’s family members for the accident.
Each construction worker accident deserves individual investigation and respect. Not only the worker’s employer but design professionals, landowners, product manufacturers, and other contractors on the site may have a legal responsibility for damages.
For more on construction accidents, see:
- Deadly Construction Accidents: Falls Remain a Leading Cause of Death for Construction Workers
- Industrial Housekeeping and Construction Site Accidents
- Fatal Falls in Construction Caused by Employers Failing to Plan for Worker Safety
- Construction Fall Accidents: Employer’s Duties to Provide Fall Protection for Construction Workers
- New Construction Worker Safety Report: 43% Jump in Road Construction Worker Deaths
- Construction Worker Deaths: Almost Half of All Construction Fatalities Caused by Falls
- Legal Protection for Construction Workers from High Risk and Danger of Serious Injury or Death on the Job.
For all who work construction in Indiana and Illinois, the danger of a serious or deadly injury on the construction site is unacceptably high. Please be careful out there!
