Construction injuries account for a significant number of all workers’ compensation claims. Crane injuries on construction sites are particularly serious, often resulting in catastrophic injuries or even death. While workers’ compensation should cover your medical expenses and a portion of lost income after an accident, it does not cover all the damages you most likely experienced. The state workers’ compensation system can be intimidating, especially while you are focused on recovering from a serious injury.
A Chicago crane injury lawyer from McCready Law could provide valuable guidance. McCready Law was founded in 1999 with a focus on personal injury and workers’ compensation cases. The firm has since grown to include multiple offices and has recovered more than $250 million for clients. The attorneys at McCready Law offer professional and personalized attention to each client, listening and working collaboratively to achieve the best result possible.
Someone injured in a crane accident on the job must notify their employer in writing within 45 days of the incident to initiate a workers’ compensation claim. An Application for Adjustment of Claim must be filed with the Illinois Workers’ Compensation Commission (IWCC) within three years of the injury and this commission acts as an administrative court system to resolve disputes. These are all tasks a Chicago attorney could assist with following a workplace crane accident.
Illinois law requires employers to provide workers’ compensation insurance for nearly every worker who is hired, injured, or primarily works in the state, including part-time employees. The law ensures that all qualifying employees are covered from their first day of work. If an employer fails to carry insurance, an injured worker could still get help from the Injured Workers’ Benefit Fund. Notably, workers’ compensation does not cover non-economic damages, such as pain and suffering.
Generally, workers’ compensation is the only remedy available. By accepting these benefits, an employee typically gives up the right to sue their employer. This system provides guaranteed benefits to injured employees without needing to prove fault, known as the “exclusive remedy” rule.
However, there are exceptions to this rule. An employee could sue their employer if the employer intentionally caused the injury, fraudulently concealed an injury, or failed to carry workers’ compensation insurance. A third party, such as a crane manufacturer or subcontractor, could also be the target of a lawsuit and we could help determine if a third-party lawsuit is possible.
State workers’ compensation law protects all workers, regardless of immigration status. An undocumented worker injured by a crane on the job has the same right to file a workers’ compensation claim as any other employee. This means they are entitled to medical care, disability payments, and wage replacement.
State law also protects undocumented workers from employer retaliation for filing a workers’ compensation claim. Threatening to report an undocumented worker to immigration authorities is also an illegal act. While the workers’ compensation system does not discriminate based on immigration status, legal counsel is highly recommended for an undocumented worker to help protect their rights. A Chicago lawyer could address any employer intimidation tactics following a crane injury.
McCready Law is a bilingual firm with over 90 years of combined experience, $30 million recovered, and a client-focused approach offering accessible, no-fee-unless-you-win personal injury representation across the state. If you have been injured while operating or working near a construction crane, a Chicago crane injury lawyer could help you demand justice. Contact McCready Law today to schedule a free initial consultation.
