Workers May Have Variety of Third-Party Injury Claims in Illinois Road Construction Work Accidents
The greater Chicago area, including not only Cook County but other areas of Illinois under the collective banner of “Chicagoland,” will be experiencing unprecedented amounts of road construction work zones for most of this decade. Arguably, the majority will be a part of the historic “Rebuild Illinois” plan. See, Rebuild Illinois Overview, published by the Illinois Economic Policy Institute.
However, road work involving new roads, streets, bridges, etc. will also be undertaken in independent efforts to meet growing private infrastructure needs here, like new neighborhood developments; office complexes; and the like. See, e.g., “2024 Chicagoland construction predictions,” published by Chicago Agent on December 4, 2023.
Complicated, Record-Breaking Transportation Infrastructure Projects in Chicagoland
It’s a remarkable time for those in the construction industry. Construction workers in our part of the country enjoy a unique opportunity to work on all kinds of road construction projects. Jobs may be found on worksites designed to meet the needs of some of the most intense urban roadways (think the Jane Byrne Interchange), to smaller roadways and streets serving our outlying communities. There are also things like tunnels and bridges. And, of course, all sorts of utilities are thrown into the mix. See, “’These are real, tangible projects’: Gov. Pritzker unveils historic infrastructure investment,” written by Mike Lowe and published by WGN-9 Chicago on June 14, 2024.
Today, road construction workers in the Chicago area have the opportunity to work on nationally recognized projects. Their talents and expertise are in great demand as the Illinois Department of Transportation (“IDOT”) saw a forehead-slapping jump in construction contract bidding in 2023 alone. Read, “June bid letting shatters an IDOT record,” published by IDOT Blog on July 12, 2023.
With this, unfortunately, comes a growing danger of being seriously hurt or killed in an on-the-job accident on a road work construction site. The inherent dangers of road construction are many. The risks that any construction worker faces on any Chicago road work zone are shockingly high. There are the known hazards that come with the construction itself, as well as things like passing traffic; bad weather conditions; noisy and confined work areas; and the turmoil of assorted specialty equipment, machinery, and trucks on the site.
For details, read our earlier discussions involving some of these hazards, such as:
- Demolition Dangers for Workers in Chicago Road Construction
- Trenching Dangers in Chicago Road Work Construction Projects: Rebuild Illinois in Chicagoland
- Dangers From Work Trucks Facing Road Construction Workers in Chicago
- Struck By or Caught-In-Between Accidents in Road Work Zones: Chicago Construction Dangers
- Asphalt Dangers to Workers in Chicago Area Road Work Zones
- Electricity Accident Dangers for Road Work Construction Workers in Chicagoland
- Reckless Driving in Chicago Road Work Accidents.
For those Chicago road construction workers who suffer bodily injury in a work accident, they need to know there is a possibility that one or more third parties (individuals or companies) may be legally liable to them and their loved ones for recompense. This is independent from any responsibility their employer has to provide claim coverage under a workers’ compensation insurance policy that covers the incident.
For how workers’ compensation differs from third party claims, read The Two Main Differences Between Workers Compensation and Personal Injury Claims for Accident Victims in Indiana and Illinois.
List of Potential Third Parties With Liability for Construction Worker Injuries in Road Work Zone
Unlike workers’ compensation claims where the construction worker does not have to prove up fault before being covered by the employer’s policy, the accident victim will have a legal responsibility to provide authenticated and admissible evidence that (1) the third party had a legal duty of safety and care, which was breached, and this breach proximately cause the worker’s injuries (their liability) as well as (2) the resulting harm (the damages sustained by the victim and co-claimants).
Each situation must be given individual respect and consideration. No two accident claims are alike, especially intricate road work construction injuries.
Road construction worker victims, after an investigation into their particular accident, may have expert revelation that one or more of the following third parties may be responsible under the law for what occurred (this is not a complete list):
- Driver who negligently causes a collision in the road work zone;
- Employer or other party responsible for the driver who negligently causes a collision in the road work zone;
- Manufacturer of the car (or its defective parts) driven by the negligent driver in a road work zone;
- Manufacturer of heavy equipment that fails and is a cause of injury;
- Repair or maintenance company for the heavy equipment that fails and causes injury;
- Manufacturer of heavy machinery that fails and is a cause of injury;
- Repair or maintenance company for the heavy machinery that fails and causes injury;
- Manufacturer of power or hand tool that fails and is a cause of injury;
- Repair or maintenance company for power or hand tool that fails and causes injury;
- Manufacturer of specialized truck that fails and is a cause of injury;
- Repair or maintenance company for specialized truck that fails and causes injury;
- Employer of operator of specialized truck involved in road work zone accident;
- Those who failed to provide a proper warning label on machinery, equipment, or tools used on the road work site and were a cause of the worker’s harm;
- Those who failed to provide a proper warning sign regarding dangers surrounding machinery, equipment, or tools used on the road work site and were a cause of the worker’s harm;
- Contractors or subcontractors on the worksite other than the victim’s employer who failed in duties of safety or care at the time of the incident;
- Manufacturers or suppliers of Personal Protective Equipment (PPE) that failed during the incident and are involved in the injuries sustained by the victim;
- Landowners, lessors, tenants, and others with possession, custody, or control of the road work zone or its surrounding areas where land conditions contributed to the accident and resulting injuries;
- Companies, landholders, and others, with possession, custody, or control of the utilities involved in the road work zone which contributed to the accident and resulting injuries;
- Engineers, architects, designers, and other professionals involved in planning as well as supervision of the road work project (such as overseeing delay damage design changes, etc.) whose negligence or malpractice contributed to the injuries sustained by the road construction worker’s harm; and
- Governmental entities involved in the road work construction project if legal hurdles regarding sovereign immunity defenses are successfully countered in the particular circumstance.
On most road work zones, construction workers in the hectic hubbub of daily activity are legally entitled to rely upon many other parties other than the employer that signs their paycheck to keep them safe on the job. When any one of more of these third parties fails to meet that duty of safety, people can be hurt or killed in a construction site accident.
In these instances, the road construction worker victim has the right to pursue avenues for justice through third-party injury claims based upon laws involving negligence, premises liability, product liability, or professional malpractice.
Seeking Justice From Third Parties After Chicago Road Construction Accident
Any road construction work site is dangerous, but the variety of Chicagoland roadway infrastructure projects comes with a heightened risk of harm. The risk of suffering catastrophic or deadly injuries in a matter of seconds is very high.
Accordingly, all Chicago construction workers involved in road work at any level of complexity should be warned that parties (companies, people) other than their employer have legal duties to protect all the people on that site from being hurt. And if these third parties fail to do so, then a third-party claim and lawsuit can proceed, where the worker-victim will find legal damages that are not provided in their workers’ compensation benefits, such as (1) pain and suffering; (2) emotional distress; and more.
For more, read:
- Work Accident in Illinois or Indiana: Workers Compensation Claim vs. Personal Injury Damages
- Workers Face Great Danger from Illinois Highway Road Work Construction Accidents
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Wrongful Death Damages After Fatal Work Accidents in Illinois or Indiana
- Who Can Claim Damages After a Work Accident in Indiana or Illinois?
The recklessness, carelessness, disrespect, or disregard of any number of third parties can never be minimized in its ability to endanger road construction workers on any Chicagoland work site. Laws on the books not only establish their legal duties of safety and care but provide damages for those who are hurt by their failures. Chicago road construction workers are on the job in very dangerous conditions. Please be careful out there!
