Springfield, IL Construction Workers’ Compensation Attorneys
Sangamon County Law Firm Fighting for Injured Construction Workers
Construction sites are inherently hazardous. Workers are frequently exposed to potential risks like falling from heights, being struck by falling objects, or encountering electrical hazards. The use of heavy machinery and power tools further elevates the chances of accidents.
Given these dangers, construction workers should understand their rights and the relief available to them in the event of an injury. Workers' compensation benefits are designed to offer financial support and medical coverage to employees who suffer work-related injuries, providing compensation so they can receive necessary treatment and continue to support themselves and their families during recovery. Unfortunately, securing the workers’ compensation benefits you are entitled to is not always an easy process.
If you are an injured construction worker who is struggling to get workers’ compensation benefits, our team at Haxel Law is ready to help. Our attorneys both have insurance industry experience and understand how insurers tend to approach construction accident claims. We can help you navigate each stage of the legal process and fight to enforce your rights from start to finish.
Schedule a free consultation to discuss your case with our Springfield, IL, construction workers’ compensation lawyers! Contact us online or call (217) 215-4166 today.
Common Causes of Construction Injuries
Even with strict safety protocols, including protective equipment, construction accidents can and do happen. Various factors can lead to accidents, often due to the demanding nature of construction work and the wide variety of potential hazards present on-site.
Many construction injuries are the result of:
- Falls from great heights. Working at significant heights is a daily reality for many construction workers, which is why falls are one of the most prevalent causes of injuries. These incidents can occur due to inadequate fall protection, unstable working platforms, or simply human error.
- Collisions with moving objects. At construction sites, tools and materials are frequently moved and transported, occasionally leading to accidents where workers are struck by falling or moving objects. This risk is heightened in areas where cranes and other heavy equipment are in operation.
- Electrocutions. Electrical work is unavoidably hazardous, with construction sites often involving the installation and maintenance of power systems. Inadequately insulated wires, poor grounding, and faulty equipment can result in electric shocks or burns.
- Caught-in/between incidents. These accidents involve injuries that occur when workers are caught in or compressed by equipment or collapsing structures. Machinery with moving parts or unstable trenches can pose significant dangers.
- Repetitive motions. The physically demanding nature of construction work often requires repeated motions, which can lead to musculoskeletal disorders. Tasks like lifting, bending, and using vibrating tools can strain the body over time.
Common Construction Accident Injuries
Injuries sustained during construction work often require extensive medical treatment and may even be life-altering. You may be temporarily or permanently unable to return to work, which is why consulting an experienced construction workers’ compensation attorney in Springfield, IL, is so important.
Some of the most common types of construction industry injuries include:
- Fractures and broken bones. These injuries often result from falls, being struck by objects, or caught-in/between incidents. The impact can lead to various types of fractures, ranging from minor cracks to complex breaks that require extensive medical care and rehabilitation. For workers, fractures can result in significant downtime and require careful management to prevent long-term complications.
- Lacerations and cuts. With the multitude of sharp tools and materials used on construction sites, cuts and lacerations are common when something goes wrong. These injuries may be superficial but can also be quite severe, potentially leading to infection if not treated properly.
- Sprains and strains. The physical demands of construction work can result in soft tissue injuries like sprains and strains. Lifting heavy objects, repetitive motion, and awkward postures during work tasks can overextend muscles and ligaments, resulting in pain and reduced mobility.
- Burn injuries. Burns can result from exposure to flames, chemicals, or hot surfaces frequently encountered in construction settings. The severity of burns can vary from minor first-degree burns to more severe injuries that can cause disfigurement and require surgical intervention.
- Brain injuries. Brain injuries in construction can stem from falls, being struck by heavy objects, or accidents involving machinery. Such injuries can range from mild concussions to severe traumatic brain injuries, which may result in long-term cognitive, physical, and emotional impairments.
- Spinal cord injuries. Spinal cord injuries in the construction industry can result from major falls, heavy lifting, or being struck by heavy machinery. These injuries are severe and can lead to partial or complete paralysis, significantly impacting a worker's quality of life and ability to return to work.
- Hearing loss. Prolonged exposure to high levels of noise from machinery and tools can lead to hearing damage or loss over time.
Frequently Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 217-215-4166 today!
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When Am I Entitled to Workers’ Compensation as a Construction Worker in Illinois?
Employees of construction firms are entitled to workers’ compensation benefits when they sustain an injury arising out of and in the course of employment. This means that the injury must have occurred while performing job-related duties or as a result of work-related activities. It is not necessary for the injured worker to prove employer negligence to receive these benefits.
Unlike some states, Illinois does not always require construction industry employers to cover all their workers with a workers’ compensation insurance policy. More specifically, construction employers are only legally obligated to cover employees. Independent contractors are not usually covered by workers’ compensation insurance.
So, if you are classified as an employee, you are likely entitled to workers’ compensation benefits when you suffer an on-the-job injury. If you are classified as an independent contractor, your case can be more complicated.
The unfortunate reality is that many construction firms deliberately misclassify employees as independent contractors to avoid having to pay for benefits – including workers’ compensation coverage. However, you may still be considered an employee under the law and are thus entitled to workers’ compensation benefits if you meet certain criteria.
Even if you are classified as an independent contractor by your employer, you may be considered a construction employee if any of the following is true:
- Your employer closely dictates how you must complete your job responsibilities.
- Your job responsibilities consist of work usually done by your employer.
- You do not conduct your work as part of an independent business.
The bottom line: You should not assume you are not entitled to workers’ compensation benefits as a construction worker, even if your employer claims that you are an independent contractor. Our construction workers’ compensation attorneys in Springfield, IL, can determine whether you have been misclassified and whether you are eligible for benefits. If you are a legitimate independent contractor, we may still be able to help you seek compensation through a personal injury claim if someone else’s negligence caused the accident that harmed you.
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What Disqualifies You from Workers’ Compensation in Illinois?
You can often receive workers’ compensation benefits even if you are responsible for your injuries. However, there are some important exceptions, including behaviors that can disqualify you from workers’ comp. Our team at Haxel Law can anticipate strategies insurers use to try to deny claims and help you understand whether any of these disqualifying factors apply to your case.
Your employer or their insurer may have the right to deny your workers’ compensation claim if your injuries were the result of:
- Horseplay
- Self-harm
- Intoxication
- Drug-related impairment
- A violation of company policy (such as attempting to operate heavy machinery you were not authorized to use)
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Deadlines for Filing a Construction Workers’ Compensation Claim in Illinois
You need to act quickly after suffering an on-the-job injury. You must report your work-related injury to your employer within 45 days of the date you were injured or the date you discovered or reasonably should have discovered your work-related injury. This report should be made in writing, and you should ideally submit it as soon as possible to help prevent disputes. If you wait too long to report your injury, your claim may be denied.
You have more time to file your workers’ compensation claim once your initial report has been made. In Illinois, you have three years from the date you were injured (or the date you discovered your injury) or two years from the last payment of benefits, whichever date comes later.
Available Workers’ Compensation Benefits for Injured Illinois Construction Workers
Workers’ compensation benefits in Illinois are designed to provide comprehensive coverage for a range of damages associated with work-related injuries. We aim to get you the full and fair compensation your injuries warrant.
Here are the types of damages that construction workers’ compensation usually covers:
- Medical expenses. Workers’ compensation covers all necessary medical treatments related to the injury, including doctor visits, surgeries, hospital stays, medications, physical therapy, and any other prescribed medical services. Injured workers are supposed to receive the care they need without bearing the financial burden.
- Temporary total disability (TTD). If an employee is unable to work for a period of time due to their injuries, TTD benefits provide a portion of their regular wages during recovery. These benefits generally compensate for lost wages at a rate of two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by state law.
Hear From Our Happy Clients
At Haxel Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Thank you, Martin."When I got injured, I knew I was going to be out of work. I knew I was going to be struggling with my family. I was really worried about the direction my life had turned towards. If I hadn't contacted Martin Haxel. I would still be fighting to get what I deserved. What was owed to me. Mr. Haxel however, stayed with me. He told me the truth. He didn't lie, or manipulate anything. He was honest and informative. He was the hope I didn't have at that time. He struggled with me to get all of it resolved. He did it with integrity, honesty, and a sincere understanding of what I was going through. To anyone considering having Mr. Haxel represent them in similar situations...I would say, you couldn't pick a better person. He's a great lawyer. He does great work. He's a nice person with a lot of experience in this field. If there's anyone you can turn to when no one will listen or even attempt to help you do what is right...Mr. Haxel is the one. I can't say enough good things about him. Now that my case is settled thanks to his work, I'm going to miss having someone having my back. He's a good man and I hope he feels good about what he's done when he lays down to sleep and reflects on his days, weeks, months, and years. People like him, give people hope, and faith that there are good people still roaming around this crazy thing called life. Martin, thank you. You're a beast.- Chris Y.
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"Highly Recommend"Attorney Martin Haxel fought long and hard for a fair and just settlement. I recommend Haxel Law for your Work Comp case.- Karyn S.
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"No One Better"I was referred to Martin by my original attorney. My original attorney didn't want to spend the time and money to represent me because my case was going to be difficult, time-consuming, and against the City of Champaign. I am so glad that Martin was willing to take my case and see it through. If you have a "hidden injury" like me or even an obvious injury Martin will handle it very professionally and give it the attention that you deserve.- John M.
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"What a great experience!"I strongly recommend Haxel Law Firm to everyone. In fact, he has now taken on my fiance as a client. Thanks Marty for what you did for me!- David S.
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"Made Everything Easy for Me"His assistant was very pleasant and helpful as well. If he wasn't available when I called and left a message he was always prompt to respond to my messages and emails. I would highly recommend him to anyone who can use his skills!- David N.
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"Martin Truly Cares About You"I had a life-changing experience 4 years ago. Mr Haxel continually worked with the insurance company to settle the workman comp claim. Mr. Haxel was always available to call if you had any concerns and was always willing to listen to you.- Marvin S.
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"Marty was great to work with!"He kept in communication and made the process as stress-free as possible. Hopefully I never need a personal injury attorney again, but if I do, I wouldn't hesitate to hire Marty.- Kristi D.
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"Very Positive Experience Representing My Daughter"Very responsive and patient answering all my questions. I hope to never be in a situation of needing a lawyer again, but if I did, I would 100% contact Martin again.- Jim P.
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"Thanks For All You Have Done!"Marty Haxel provided exceptional help with a complex work men's comp case, made our part seem small. Would refer him to anyone that needs help fighting the big guys!- David E.