Workplace Accident Attorney in McHenry County, Chicago & Southwest Florida
Job Injury Lawyer Serving McHenry County, Chicago
Injured Employees May Not Be Limited to Workers’ Compensation Claims
According to recent Bureau of Labor Statistics data, nearly four percent of construction workers are injured each year. Although the Illinois workers’ compensation system is the primary mechanism by which employees harmed on the job can pursue compensation, there may be instances in which third parties can be held liable for construction and other workplace accidents.
Employers are generally immune from suit brought by an injured employee, but a negligent subcontractor or the manufacturer of a dangerous product may be sued for the harm that they have caused. As long as the entity responsible for the accident is not the victim’s employer or in control of the victim’s employer, the claim can likely proceed.
For example, if someone was injured in a workplace accident caused by a piece of defective machinery, he or she could file a products liability lawsuit with the assistance of a workplace accident attorney in McHenry County, Chicago, against the manufacturer of the equipment.
To prevail in this suit, the victim would need to prove that:
- The device was unreasonably dangerous;
- The device was defective when it left the manufacturer’s control; and
- The victim was injured because the device was flawed.
There are three ways in which a product can be considered dangerous: a manufacturing defect, a design defect, or a manufacturer’s failure to warn of risks associated with using the item. If a piece of equipment left the maker with one of these three defects, and an individual was subsequently injured by it, that person may be entitled to damages from the manufacturer. These would compensate the victim for his or her financial, physical, and emotional harm, such as lost wages, lost income, medical expenses, and pain and suffering.
This is just an example of a way in which an injured worker may seek damages above and beyond workers’ compensation. Negligent subcontractors not in the employer’s control and property owners might also be legally liable in the event of a construction or other workplace accident. An experienced attorney can tell you who may be held accountable for your specific injuries.