Construction sites are some of the most dangerous places for workers. The US Bureau of Labor Statistics reports that in 2021, 1 in 5 workplace deaths occurred in the construction industry. Injuries can occur a number of ways, including falls while working at heights, falling equipment, tripping on debris on the ground, and hazardous materials being left on the job site. Due to the nature of the work, construction workers are at risk for a number of reasons, including operating defective heavy machinery, lack of supervision, and improper training.
In Illinois, determining who is at fault for injuries sustained at a construction site can be a complex process. Factors such as custom and practice in the industry, contractual responsibilities, OSHA regulations, controlling the means and methods of the work, and individual worker responsibility all play a role in determining fault. Understanding these issues are important for those navigating the aftermath of a construction site injury.
Key Laws in Illinois
Several laws and regulations in Illinois govern construction site accidents, addressing the responsibilities of employers, workers, and other parties involved. These laws and regulations are crucial for determining fault and compensation following construction site accidents.
Illinois Workers’ Compensation Act
This act protects workers by requiring employers to provide insurance for their employees who are injured on the job and sets minimum standards for physicians, employers, and insurers. The act also establishes a no-fault system for benefits paid to workers who experience work-related injuries or illnesses, meaning the injured employee does not have to prove their employer negligently caused the injury to collect the benefits. It covers medical expenses, lost wages, and, in some cases, benefits for permanent disabilities. Employers are generally required to carry workers’ compensation insurance to cover these costs, although there are some exceptions.
Illinois Occupational Safety and Health Act (IOSHA)
IOSHA oversees workplace safety and health regulations in Illinois, enforcing standards set by the federal Occupational Safety and Health Administration (OSHA). IOSHA regulations mandate safe working conditions and require employers to adhere to safety standards to prevent accidents and injuries on construction sites.
Illinois Premises Liability Law
This law may apply if the construction site is on private property. It holds property owners responsible for maintaining a safe environment and can be relevant if unsafe conditions on the construction site contribute to an injury.
Product Liability Laws
If an injury results from defective equipment or tools used on a construction site, product liability laws may apply. These laws hold manufacturers and suppliers accountable for ensuring their products are safe and defects-free.
Common Law Negligence Claims
In addition to statutory regulations, injured parties may pursue negligence claims under common law if they can demonstrate that another party’s failure to exercise reasonable care directly caused their injury. This can include claims against contractors, subcontractors, or equipment manufacturers.
Who Can Be Held Liable?
Several parties may be liable for accidents and injuries on construction sites. Determining liability often depends on the specifics of the accident and the roles of those involved.
The Worker’s Employer
Under the Illinois Workers’ Compensation Act, employers are generally responsible for carrying insurance that provides benefits for their employees that are injured on the job. However, employees are generally barred from suing their employer directly for negligently causing their injuries and can only recover benefits through workers’ compensation insurance.
Third Parties Such as General Contractors, Construction Managers, Subcontractors and Property Owners
Both general contractors and subcontractors are responsible for ensuring the safety of the construction site. General contractors oversee the entire project, while subcontractors handle specific tasks. They can be held liable if either fails to adhere to safety protocols or if their negligence contributes to an accident.
Property Owners
Property owners who control or possess the construction site may be held liable if their failure to maintain a safe site or address hazardous conditions leads to an accident. This is particularly relevant if the site owner’s negligence contributed to unsafe conditions. In addition, if a property management company oversees the site, it may also be responsible for ensuring that the site is maintained safely.
Manufacturers
If an accident results from defective or malfunctioning equipment, the manufacturer or supplier of the equipment may be held liable under product liability laws. This includes tools, machinery, or safety gear found to be defective or unsafe.
In addition, in cases where design flaws or engineering errors contribute to an accident, the architects, engineers, or designers responsible for the project may be held liable. This can include errors in plans or specifications that lead to unsafe conditions.
Pullano & Siporin Can Help if You Have Been Injured at a Construction Site?
If you’ve been injured on a construction site, navigating the complexities of liability and pursuing compensation can be a daunting proposition. Luckily, the law firm of Pullano & Siporin can help. With our extensive experience handling construction site injury cases, we can offer the expertise and dedication needed to advocate for your rights and secure the compensation you deserve.
Don’t face this challenging situation alone. Contact Pullano & Siporin today to discuss your case and get the support you need.