Proving a Third-Party Construction Injury

 Posted on January 23,2023 in Construction Accidents

Construction sites can be hazardous places to work, and when an injury occurs due to the negligence of a third party, it is essential to understand your rights. In this blog, we will discuss how to prove a third-party construction injury in Illinois.

What is a Third-Party Construction Injury?

A third-party construction injury is an injury that occurs on a construction site because of the negligence of someone other than your employer. This could include negligent property owners, contractors, sub-contractors, or any other person responsible for the safety of workers at the site.

For example,  a construction worker may be injured due to a defective scaffold or ladder. In this case, the manufacturer of the product could be liable for negligence. Another example of a third-party injury is when an injured worker slips and falls on a wet floor due to the negligence of the property owner.

How Can You Prove Negligence?

To prove negligence, you must be able to demonstrate that the third party did not take reasonable measures to ensure the safety of workers. This includes providing adequate training, supervision, and protective equipment. You also need to show that the third party had a duty of care towards you and breached it by failing to adequately protect you from harm.

In cases of defective products, you must demonstrate that the product was designed or manufactured defectively. You must also show that your injury directly resulted from the third party’s negligence.

What Evidence Do You Need?

If you are injured at work, it is important to write down what happened and file a report with your supervisor right away. When proving negligence in a third-party construction injury case, it is important to have photographs or witness statements demonstrating how the accident occurred and who was responsible for it. It is also essential to have medical records showing your diagnosis and treatment plan and documentation of any lost wages due to time away from work. 

What Are Your Legal Options?

Suppose you have been injured in a construction accident caused by someone else’s carelessness. In that case, you may be entitled to seek financial compensation either via workers’ compensation or through filing a personal injury lawsuit against the accountable individual. Depending on the circumstances of your case, both options may be available. They should be discussed with an experienced attorney who can advise you on which option or options would provide maximum compensation for your injuries.

Contact a Cook County Construction Injury Lawyer Today

If you have been injured in a construction accident, it is vital to contact an experienced Chicago personal injury attorney as soon as possible. An attorney can help you prove negligence and ensure that all evidence is properly documented. Call Adler Law Offices, LTD at 312-236-2700 today for more information on how we can assist with your construction injury case.

Source: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68