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Several companies may share a construction site, but their responsibilities differ when a worker gets hurt. At Charlie Therman Injury & Accident Lawyers, P.C., our construction accident lawyers in Kankakee can identify who is responsible for your workers’ compensation benefits and whether another company’s negligence supports a separate lawsuit.
We have represented injured people since 2002, with an emphasis on personal attention and clear communication. We explain who we are pursuing, what your claim involves, and how each decision affects your recovery.
To learn which benefits you can pursue, schedule a free consultation with a Kankakee workers’ compensation lawyer.
Workers’ Compensation Benefits After a Construction Injury
Illinois workers’ compensation generally covers employees whose injuries arise out of and occur during their employment. You ordinarily do not have to prove your employer was negligent. Coverage can apply to a sudden accident, such as a scaffold fall, or an injury caused by repeated lifting or overhead work.
Depending on your injury, benefits can include:
- Reasonable and necessary medical treatment, including surgery and physical therapy.
- Temporary disability payments that replace part of your lost earnings during recovery.
- Permanent disability benefits for qualifying lasting impairments.
- Vocational rehabilitation if you cannot return to your former occupation.
At Charlie Therman Injury & Accident Lawyers, P.C., we review your medical restrictions, earnings, and job duties to identify available benefits. Our Kankakee personal injury lawyers can also assess whether you have a separate claim against someone outside your employment relationship.
Documenting How a Construction Injury Affects Your Work
Falls, electrical contact, falling materials, and heavy equipment accidents can cause injuries that prevent you from safely performing construction work. Your medical records should explain those limitations, not just list a diagnosis.
For example, a shoulder injury can prevent overhead installation, and a knee injury can make climbing ladders unsafe. Tell your treating provider what your work requires so your restrictions address the tasks you actually perform. Our Kankakee construction accident attorneys use that information to document your claim.
A preexisting condition does not automatically prevent recovery if work aggravated or accelerated it. Be accurate about your medical history and explain how your symptoms changed after the accident.
Steps to Take After a Jobsite Accident
Get medical attention and explain how you were injured at work. Follow treatment recommendations and ask for written work restrictions. You should also notify your employer as soon as possible, even if a supervisor witnessed the accident. Keep a copy of your report.
Construction sites change quickly as work continues. Preserve evidence you can safely and lawfully access, including:
- Photographs of the accident area, scaffolding, equipment, and protective gear.
- Names and contact information for witnesses.
- Messages about your assignment or reported safety concerns.
- Medical bills, wage records, and insurance correspondence.
Do not enter restricted areas or handle dangerous equipment to collect evidence. Tell Charlie Therman Injury & Accident Lawyers, P.C., about records or site conditions you cannot document yourself so we can take steps to preserve relevant evidence.
Workers’ Compensation Coverage for Subcontractor Employees
Construction projects often involve general contractors, subcontractors, and staffing companies. To identify who owes benefits, we examine who employed you and how the companies divided responsibility for your work.
Being called an independent contractor does not settle your eligibility. The actual working relationship, including how much control your employer had over your duties, helps determine your status. Contracts, payment records, schedules, and supervisors’ instructions can help establish that relationship.
If your employer lacks required insurance, Illinois law can place responsibility on a contractor higher in the contracting chain under certain conditions. At Charlie Therman Injury & Accident Lawyers, P.C., we investigate those relationships and available coverage before deciding where to pursue benefits.
How Our Kankakee Construction Accident Lawyers Address Denied Benefits
An insurer may dispute whether your injury is work-related, whether treatment is necessary, or whether you can return to work. We review the written reason for denial against your medical records and jobsite evidence to identify what you need to challenge it.
Disputes can involve an examination by the insurer’s chosen doctor or conflicting medical opinions. Send us examination notices and reports, and keep your treating provider informed about your symptoms and abilities.
At Charlie Therman Injury & Accident Lawyers, P.C., we can pursue disputed benefits through the Illinois Workers’ Compensation Commission (IWCC). Our Kankakee construction accident lawyers use that information to document your claim, prepare the supporting evidence, and explain what to expect if your claim requires a hearing.
Returning to Construction Work With Restrictions
A modified-duty offer should match your doctor’s restrictions. Review the actual assignment, including lifting, standing, climbing, and equipment use, rather than relying on the employer’s description of it as “light duty.”
Refusing suitable work can affect benefits, but accepting duties beyond your restrictions can put your recovery at risk. We can review the offer with you and help address disagreements about whether the work fits your documented limitations.
Third-Party Claims After Construction Accidents
Workers’ compensation is generally your only remedy against your employer for a covered injury, subject to limited exceptions. You may have a separate claim against a negligent driver or another contractor whose conduct caused the accident.
A third-party negligence claim requires proof that the other party owed you a duty of care, breached that duty, and caused your injuries and losses. Equipment inspection records, witness accounts, and safety investigations can help establish what happened. A safety violation alone does not prove the entire case.
A successful claim can include pain and suffering, which workers’ compensation does not cover. At Charlie Therman Injury & Accident Lawyers, P.C., we coordinate both claims and explain any employer or insurer reimbursement rights that could affect the amount you receive.
Filing Deadlines for Kankakee Construction Injury Claims
The deadline depends on the claim you are pursuing. Reporting an accident to your employer does not replace filing a workers’ compensation case or a civil lawsuit.
- Employer notice: Illinois generally requires notice as soon as practicable, no later than 45 days after an accident.
- Workers’ compensation filing: The deadline is generally three years after the accident or two years after the last compensation payment, whichever is later.
- Personal injury lawsuits: Many claims have a two-year deadline. Certain construction-related claims involving improvements to real property follow a four-year discovery rule and a separate time limit tied to the defendant’s work.
- Public entities: Shorter deadlines can apply, including a one-year limit for many claims against local public entities.
Exceptions can change these deadlines. We review the accident date, payment history, and potential defendants to determine which rules apply.
Discuss Your Claim With a Construction Accident Attorney in Kankakee
Whether you are starting a claim or reviewing an insurer’s offer, our construction accident attorneys in Kankakee use that information to document your claim. can explain your options and what each involves. Bring any accident reports, medical restrictions, or insurance letters you have.
Charlie Therman Injury & Accident Lawyers, P.C., has a Kankakee office at 1 Dearborn Square, Suite 555, and offers Zoom consultations. Contact us for a free case review to discuss your construction injury and the benefits or compensation we can help you pursue.
