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If you’re a construction worker, you’re familiar with the tight regulations for safety at construction sites—they’re more complex than simply wearing a hard hat. There are rules in place to protect construction company employees, and with good reason. Construction sites can be dangerous workplaces if safety concerns are not followed, and compensation for accidents at work sometimes require the involvement of a workers’ compensation lawyer.
Your recovery against your employer is subject to Workers’ Compensation limitations. Nevertheless, you are entitled to 100 percent of your medical expenses, without having to prove that your employer was at fault – only that your injuries arose in the course of your employment. Likewise, absent gross negligence (such as drunkenness on the job), you can recover even if you were violating a safety regulation at the time of the accident.
You are also entitled to two-thirds of your average weekly wage, tax free, if you cannot work due to your injuries. You are not entitled to any compensation for pain and suffering, mental anguish, or other non-economic damages that you would be eligible for if Workers’ Compensation did not cover your claim. This can be a significant limitation on your recovery, since in an ordinary civil lawsuit, non-economic damages can amount to far more than medical expenses and lost work time combined.
If you are classified as an independent contractor rather than an employee (depending on how much independence you enjoy from your boss), Workers’ Compensation will not cover your injuries, and you will have to file an ordinary civil lawsuit to obtain a recovery. The distinction between an employee and an independent contractor is a legal distinction and does not depend on how your boss characterizes your relationship – the question is for a tribunal to decide based on the totality of circumstances, and you can dispute an adverse determination.
Filing an ordinary civil lawsuit rather than filing under the Workers’ Compensation system carries three major implications – (i) your recovery can be reduced if the accident was partly your fault, and you can be denied recovery altogether if the accident was at least 50 percent your fault, (ii) you will probably have to prove fault (at least negligence) in order to be entitled to a recovery, and (iii) you can recover for pain and suffering and other non-economic damages.
Even if you are classified as an employee, you can still file an ordinary personal injury lawsuit if your claim is against a party other than your employer – for example, a contractor who is not your employer, the owner of the property upon which you were injured, or the manufacturer of defective equipment. In the first two cases, you will have to prove fault to win, while in the case of defective equipment, you are likely to have to prove that the equipment that injured you was not only defective but also unreasonably dangerous.
In cases of third-party liability, you are entitled to pursue two claims simultaneously – a Workers’ Compensation claim and an ordinary personal injury tort claim; however, you are not entitled to a double recovery.
OSHA regulations are federal regulations that govern construction industry safety standards. Violation of an OSHA regulation by an employer generally does not affect a Workers’ Compensation case, since there is no need for the employee to prove that the employer was negligent in the first place, and there is usually no advantage in proving such negligence (in other words, you cannot get around Workers’ Compensation recovery restrictions simply by showing that the employer was negligent).
Violation of an OSHA regulation might come into play, however, when the injured employee sues a third party such as a contractor or property owner, since Workers’ Compensation restrictions do not apply to lawsuits against non-employers. In Illinois, violation of an applicable regulation is prima facie evidence of negligence – it switches the burden to the defendant to prove that he or she did not act negligently, despite the violation of the regulation.
If the death arose during the course of employment, Workers’ Compensation death benefits apply. Death benefits go to the deceased worker’s spouse, children, and dependents. These benefits could cover, for example, a heart attack that occurred after work if you can tie it to job duties. Workers’ Compensation no-fault principles apply to death benefits just as they apply to Workers’ Compensation personal injury cases.
Benefits include medical expenses; funeral and burial expenses; and survivor’s benefits to minor children, spouses, and (if proven) other financial dependents. These benefits can total hundreds of thousands of dollars in some instances. If liability can be assessed against a third party, such as a product manufacturer or the property owner, Workers’ Compensation rules do not apply, and the personal representative of the victim’s estate can file a wrongful death lawsuit under the Illinois Wrongful Death Act.
With heavy machinery and heavy-duty tools, there is a significant risk of getting injured on the job. Additionally, hazardous materials on the job site may also contribute to the risk of injury—chemical burns or breathing in fumes can have major health impacts. Weather can also contribute to potential for getting injured—rain may cause work surfaces to be slippery and you could fall, and ice can do the same.
A workers’ compensation lawyer can help you seek reimbursement for things like medical bills and lost wages from being away from work. Compensation for accidents may be owed to you, but it will likely take legal involvement to get it.
When you get injured at work, there are a few things that you may be worried about. First of all, you may have medical bills that can add up quickly, and you may be seeking reimbursement for them. Second, you’ll likely have lost wages to make up for—if you’re out of work recovering from an injury, you’ll be missing out on money earned. You shouldn’t have to worry about how you’re going to make ends meet while you’re also recovering from an injury. Talking to a workers’ compensation lawyer can help you gain clarity on how to proceed with your case. You can find out what kind of compensation for accidents you may be entitled to, and start working toward getting back on your feet.
They are very helpful, and when it comes to getting things done with your case I had the pleasure of working with Jason Kellerman he was awesome I highly recommend them.
- Britany Weaver
I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!
- Cheryl Wagemann
I’ve been knowing about this Law firm for many years through friends, referrals & advertisements, never I thought I would need their services because I believed things & situations don’t happen to me like this, long story short I was in a situation that I needed help & advice!!! In the right direction, I connected with the Firm & a very patient, understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care!
- Elvira G.
I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.
would do everything they could for me.
- Tony S.
I contacted Malman Lawafter my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks, everyone!
- Devin Jones
Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!
- Annie Ong
Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If you’re interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!
- Eugenia Cathery
They are so efficient and professional. Always available to help. Attorney Boyer was great and very good with my case. I really appreciate Malman Law. I gave them 5 stars because there is nothing higher.
- Omolewa Snyder
I have had an amazing experience with Malman law so far. From the start, Dan was super easy to work with, got me the medical attention I needed, and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.
- Trevor Harris
Hi, I just want to acknowledge Jay McCarron, Kelly & the firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would highly recommend you and your firm to friends & family. E. P.
- Ernest Pitts
Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.
- Ariel Fleming
I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!
- Carmen Rivera
Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the reparations of the accident. We would recommend their services!
- Greg Gustafson
Excellent customer service and a great experience. Malman Law handled the whole process and it was very smooth. The settlement was a great success. I would choose Malman Law again in the future.
- Malak St.Clair
Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me and my daughter.
- Devri Lott
I cannot give enough praise to the team at Malman Law, for helping with my case. My children were involved in an auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.
- Adrian Lopez
A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.
- Vanessa Leon
Bella Feinstein, Jason Kellerman, and Terry Davey have been instrumental in helping me through many difficult situations. Not only did they work to get my mom a settlement, but they have also continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.
- Nyah Vuljanic
This law firm is the best they got me paid and Malman Law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position, they are awesome sincerely. Jeff walker
- Jeff Walker
Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, he takes time to listen to his clients, and gather facts accordingly.
- Steve Acosta
Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff, kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.
- Adrianna Gomez
Dan Petrich was the best man for my case of falling through my porch of an apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars
- Jose Cruz
Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!
- Meagan Cruz
- Eddie Villarreal
I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!
- Madissen Miller
Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!
- Christina Ocon
Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!
- Adriana Martinez
So glad I contacted Malman Law regarding my accident. Professional and caring. Thank you Mr. Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!
- Virgil Sanner
I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!
- Jazlyn Caraballo
My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained the next steps, and got my case resolved early. I would highly recommend Malman Law.
- Ashley Jenkins
ALL FIELDS REQUIRED
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim