Construction and Workplace Accident Lawyer in Illinois

If you were injured on the job, you may be able to seek compensation. Contact The Law Offices of Michael W. Kopsick (847) 807-8695 today to learn more about your legal options.

A serious injury on the job can change everything; your ability to work, support your family, and maintain your health. Whether you’re employed on a fast-paced construction site in Chicago or in a manufacturing facility in Lake County, the risks of workplace accidents are real, and the consequences can be life-altering. If you’ve been inured, it’s important to seek the help of a construction and workplace accident lawyer in Illinois as soon as possible.

At The Law Offices of Michael W. Kopsick, we understand how overwhelming these situations can be. Medical bills, lost income, and uncertainty about your future can leave you feeling stuck and unsupported. That’s why we’re committed to helping injured workers navigate the legal process clearly and confidently.

If your injury happened on the job, you may be entitled to compensation through workers’ compensation, a third-party injury claim, or both. Illinois and federal laws provide key protections to ensure injured employees receive the care and financial relief they need to move forward.

Our team will walk you through your options, explain what legal protections apply to your situation, and stand by your side every step of the way. We’re here to protect your rights, help you understand your claim, and fight for the support you deserve.

Our goal is to ensure you feel informed and supported, so you can make the best decisions for yourself and your loved ones. We are here to answer your questions and fight for your rights every step of the way.

Overview of Construction and Workplace Accident Laws in Illinois

Workplace safety is a top priority in Illinois, and there are laws in place to protect workers like you. The state’s Workers’ Compensation Act generally requires most employers to carry workers’ compensation insurance.

This coverage is meant to pay for medical bills and part of your lost wages if you are injured on the job, regardless of who was at fault.

Important Points

• No-Fault System: Under workers’ compensation, you usually do not need to prove that anyone else caused the accident.
• Employer Obligations: Employers must maintain safe working conditions and have proper insurance coverage.
• Your Rights: You have the right to file a claim if you are injured on the job, and your employer cannot retaliate against you for doing so.

In some cases, you may also have a personal injury claim if someone other than your employer caused your accident. Knowing how each law applies can be confusing, but that is why The Law Offices of Michael W. Kopsick is here. We simplify the process and help you figure out which legal path is best for your situation.

Common Types of Workplace Accidents

Workplace accidents can take many forms. Understanding the most common types can help you stay vigilant on the job and know what to do if something goes wrong.

Falls from Heights

Construction workers often work on scaffolding, ladders, or roofs. A slip or misstep can cause you to fall, leading to broken bones, back injuries, or head trauma. Falls are among the most common and deadly accidents on construction sites.

Equipment-Related Injuries

Heavy machinery, power tools, and forklifts are part of many industrial and construction settings. If equipment is defective or operators are not adequately trained, serious accidents can happen. For example:

• Forklift Collisions: These can pin or crush a worker.
• Tool Malfunctions: Defective saws or drills can cause severe lacerations or amputations.
• Crane Accidents: If a crane is not operated correctly or is poorly maintained, falling materials can cause catastrophic injuries.

Chemical Exposure

Many workplaces involve handling chemicals, such as cleaning agents or industrial solvents. Long-term exposure without proper protective gear can result in respiratory problems, skin issues, or even cancer. Acute exposure due to spills or a lack of ventilation can lead to chemical burns or poisoning.

Other Notable Workplace Hazards

• Repetitive Stress Injuries: These are caused by doing the same motions for hours every day.
• Vehicle Accidents: Delivery drivers or workers operating vehicles on the job can be involved in collisions.
• Falling Objects: Tools or materials dropped from heights can strike someone below, causing serious harm.

Even if you are cautious, accidents can still happen. That is why it is crucial to understand your options for seeking compensation.

At The Law Offices of Michael W. Kopsick, we help you navigate the aftermath of these accidents, making sure you know your rights and the steps you need to take.

Workers’ Compensation vs. Personal Injury Claims

When you are hurt on the job in Illinois, two main legal pathways often come to mind: a workers’ compensation claim or a personal injury lawsuit. They serve different purposes, and which one you choose will depend on the specifics of your accident.

Workers’ Compensation

• No-Fault System: You can receive benefits even if you contributed to your own accident.
• Coverage: Medical bills, partial wage replacement, and disability benefits (if your injury prevents you from working long-term) are typically covered.
• Limits on Damages: Pain and suffering are generally not included in workers’ compensation.
• Exclusive Remedy: In many cases, you cannot sue your employer if you accept workers’ comp, meaning you cannot pursue additional damages through a personal injury claim against your employer.

Personal Injury Lawsuits

• Fault-Based: You have to prove that another party acted negligently or intentionally to cause your injury.
• Broader Damages: You can seek pain and suffering, loss of enjoyment of life, and other damages that are not covered by workers’ compensation.
• Third-Party Claims: Often, you cannot sue your employer if you have workers’ compensation benefits. However, if a third party (like a subcontractor, property owner, or equipment manufacturer) is at fault, you may file a personal injury lawsuit against them.
• Evidence Required: You need to show the at-fault party owed you a duty of care, breached that duty, and caused your injury.

Which Path Is Right for You?

Determining whether to file only for workers’ compensation or to also pursue a personal injury claim can be complex. Here are a few scenarios:

1. Straightforward Workplace Accident: If you slipped at work and it was simply bad luck, your sole remedy might be workers’ comp.
2. Defective Equipment: If a machine malfunctioned due to a design flaw, you might file a personal injury lawsuit against the manufacturer, in addition to receiving workers’ comp from your employer.
3. Negligent Third Party: If you are working on a construction site and a contractor from another company causes your injury, you could have a personal injury claim against that contractor or their employer.

Why It Matters

Choosing the right path affects the types of damages you can recover. Workers’ comp has limits, but it is usually faster to receive. A personal injury lawsuit can potentially give you more compensation, but it requires proving fault, which can be lengthy.

Our Role as Construction and Workplace Accident Lawyers in Illinois

At The Law Offices of Michael W. Kopsick, we help you analyze every angle. We review the incident, interview witnesses, and consult experts to determine whether a personal injury claim is viable alongside your workers’ compensation. This approach ensures you do not leave money on the table and that every responsible party is held accountable.

We also help with the administrative side of workers’ comp, from filing the initial paperwork to appealing a denial if necessary. Our goal is to take the legal burden off you so you can focus on healing. We believe in open communication. When you have questions, we have answers. By explaining each option, we empower you to make informed choices about your legal strategy.

Third-Party Liability in Workplace Accidents

When you think of workplace accidents, you might assume your only option is to file a workers’ compensation claim against your employer. However, in some cases, third-party liability may come into play. This means someone who is not your employer may bear responsibility for your injuries.

Common Third-Party Scenarios

1. Subcontractors: Multiple companies may be involved on a construction site. If a subcontractor from another firm created an unsafe condition, they can be held liable.
2. Equipment Manufacturers: If a machine or tool was defective, the manufacturer could be responsible for causing your injury.
3. Property Owners: If you are working on someone else’s property and they failed to maintain a safe environment, they might share some liability.
4. Vehicle Drivers: If you are a delivery driver or traveling for work and another driver’s negligence caused an accident, you could have a claim against that driver.

Why Third-Party Liability Matters

Pursuing a third party can be a valuable option for you because workers’ compensation benefits do not cover pain and suffering or punitive damages. If you sue a negligent third party, you might be able to recover broader compensation, such as:

• Pain and Suffering
• Loss of Consortium (for family members who are also impacted)
• Punitive Damages (if the conduct was especially reckless)

Proving Third-Party Negligence

To succeed in a third-party liability claim, you need to show that the other party:

1. Owed You a Duty of Care: For instance, a subcontractor must operate safely around other workers.
2. Breached That Duty: They did something or failed to do something that a reasonable person would have done differently.
3. Caused Your Injury: Their action or inaction led to your accident.
4. Damages: You suffered harm that can be financially compensated for.

Complexities of Third-Party Claims

• Concurrent Claims: You might file for workers’ comp through your employer and a separate claim against the third party.
• Subrogation: Sometimes, your employer’s insurance company may seek reimbursement from any settlement or verdict you receive from the third party.
• Multiple Defendants: You could end up dealing with multiple parties who each have their own lawyers, leading to a more complicated case.

Our Experience Helps

Navigating a third-party claim requires understanding different areas of law, from product liability to premises liability. At The Law Offices of Michael W. Kopsick, we have the background to handle these complexities. We work diligently to:

1. Gather Evidence: We collect accident reports, maintenance records, and expert testimony.
2. Identify All Responsible Parties: We ensure no one who contributed to your injury slips through the cracks.
3. Communicate with Insurers: Dealing with multiple insurance companies can be overwhelming. We handle these negotiations on your behalf.
4. Prepare for Trial if Necessary: While many cases settle, we are ready to go to court if that is what it takes to secure a fair outcome.

Act Quickly

In Illinois, legal deadlines apply, and the clock starts ticking the moment you are injured. Filing a third-party claim on time is crucial to preserving your rights. The longer you wait, the harder it can be to collect key evidence and witness testimony.

By exploring third-party liability, you ensure you pursue every avenue of compensation available to you. We are here to guide you through this process step by step, aiming for the most favorable result so you can focus on getting your life back on track.

Compensation for Injured Workers

After a workplace accident, you may be juggling medical appointments, worrying about your paycheck, and trying to care for your family. Understanding the types of compensation available can help relieve some of these pressures.

Workers’ Compensation Benefits

1. Medical Expenses: This usually covers doctor visits, hospital stays, medication, rehabilitation, and any necessary surgeries.
2. Temporary Total Disability (TTD) Benefits: If you cannot work while you recover, TTD pays a portion of your regular wages.
3. Permanent Partial Disability (PPD) or Permanent Total Disability (PTD): If your injury leads to a permanent impairment, you may receive ongoing benefits.
4. Vocational Rehabilitation: If you can no longer perform your old job, you may be eligible for retraining or education to help you find a new line of work.

Personal Injury Damages

If you have a valid third-party claim, you could be entitled to broader damages, such as:

• Pain and Suffering: Compensation for the physical and emotional toll of your injuries.
• Loss of Enjoyment of Life: If your injury prevents you from participating in hobbies, family activities, or other personal interests.
• Punitive Damages: In rare cases, if the responsible party’s behavior is especially reckless or malicious.

Calculating the Damages Suffered After a Construction and Workplace Accident in Illinois

The total amount you may receive depends on factors like the severity of your injuries, how they impact your ability to work, and whether you share any fault for the accident.

Insurance companies often try to minimize payouts, so having strong legal representation can make a significant difference.

Let Us Help You After Being Injured at Work

At The Law Offices of Michael W. Kopsick, we work to:

• Evaluate All Possibilities: We review your situation to determine whether you should pursue just workers’ comp or also file a personal injury lawsuit.
• Negotiate with Insurers: We push back against lowball settlements and make sure the compensation on the table truly covers your needs.
• Fight for Your Rights in Court: If negotiations fail, we are not afraid to take your case before a judge or jury.

Knowing the full range of benefits and damages can give you peace of mind and let you concentrate on healing. Let us help you seek the compensation you deserve under Illinois law.

How A Construction and Workplace Accident Lawyer in Illinois Can Help Victims

When a construction site accident disrupts your life, having a dedicated legal team can make a world of difference. We know you have questions about how the legal process works, how long it will take, and what it will cost. At The Law Offices of Michael W. Kopsick, we strive to provide clear, honest answers.

Initial Case Evaluation

Our relationship typically begins with a free consultation. During this meeting, we will listen to your account of the accident, asking questions about when, where, and how it occurred.

We aim to understand your injuries, your job duties, and any interactions you have had with insurance companies or your employer. This information helps us determine the best course of action, whether that involves filing a workers’ compensation claim, pursuing a third-party lawsuit, or both.

Investigation and Evidence Gathering

Next, we launch a detailed investigation. We may:

• Collect Accident Reports: From employers, OSHA, or local authorities.
• Interview Witnesses: Coworkers, safety inspectors, or anyone who saw what happened.
• Review Safety Records: We look for past violations or known hazards at the site.
• Consult Experts: Construction safety experts, medical professionals, or accident reconstruction specialists can strengthen your case.

Filing the Claim and Negotiations

We handle the filing process for workers’ compensation, ensuring all paperwork is complete and accurate. If a third party is involved, like a manufacturer of faulty machinery or a negligent subcontractor, we file a separate claim on your behalf.

• Workers’ Comp Negotiations: We deal directly with your employer’s insurance, seeking to secure full medical coverage and fair disability benefits.
• Third-Party Claims: These often require more negotiation, as we must prove another party’s negligence. Insurance companies may push back, so we are ready to stand firm for your rights.

Going to Court if Needed

Sometimes, insurers or third parties refuse to settle for a reasonable amount. In such situations, we prepare for trial.

Our team organizes evidence, builds a strong case, and presents it clearly to the judge or jury. While going to court can be time-consuming, we do not shy away if it is the best way to secure full and fair compensation.

Ongoing Support

We do not just file papers and walk away. We stay in close contact, updating you on any developments and answering your questions.

If your claim is approved, we ensure you receive benefits promptly. If it is denied, we will appeal on your behalf. Our commitment is to provide the support you need from start to finish.

Why Should You Choose Our Firm?

• Personal Attention: You are not just another case number. We take the time to learn about your goals and tailor our approach.
• Proven Results: We have a track record of successful settlements and verdicts that help injured workers move forward.
• No Upfront Legal Fees: In many instances, we work on a contingency fee basis, meaning you only pay if we recover compensation for you.
• Experience: Our firm has handled numerous construction accident cases. We understand the ins and outs of both state and federal regulations.

Our firm has helped people across Illinois, including Waukegan, Chicago, Lake County, and beyond, win the compensation they deserve after life-changing accidents. Our most notable results include securing millions of dollars for injured workers and their families.

• Lead construction and workplace accident lawyer, Michael Kopsick, recovered $1,900,000 for a construction worker who slipped on uneven ground at a job site and needed back and neck surgery.
• We secured a union carpenter, who, after sustaining an injury, developed a painful nerve condition, $1,725,000 to cover his treatment and losses.

We realize that recovering from a construction accident is about more than just paying medical bills. It is about securing your future, regaining a sense of normalcy, and holding negligent parties accountable.

We stand by you every step of the way, advocating for your rights and well-being. Our mission is to ensure you never feel alone in this fight. Together, we can work toward a resolution that supports your recovery and respects the hardships you have endured.

Frequently Asked Questions about Workplace Accident Claims

How Long Do I Have to File a Claim?

In Illinois, you generally must notify your employer of a work-related injury within 45 days. For a workers’ compensation claim, you often have up to three years to file, but it is best to do so sooner. If you are filing a personal injury lawsuit against a third party, the statute of limitations is typically two years.

Can I Be Fired for Filing a Workers’ Compensation Claim?

No. It is illegal for your employer to retaliate against you for exercising your right to workers’ compensation benefits. If you face retaliation, you may have additional legal claims.

Do I Need a Construction and Workplace Accident Lawyer in Illinois?

While you can file claims without an attorney, having professional legal guidance can help you avoid common mistakes and maximize your compensation. An experienced lawyer can negotiate with insurance companies and represent you in court if necessary.

What If I am Partially at Fault?

Illinois follows a comparative negligence rule for personal injury claims, which can reduce your award based on your degree of fault. Workers’ comp, however, still provides benefits even if you share some blame.

Contact a Workplace Accident Lawyer in Illinois Today

If you’ve been injured at work, don’t hesitate to seek the help you need. Call The Law Offices of Michael W. Kopsick today at (847) 807-8695 for a free consultation. Whether your injury occurred at a construction site, a warehouse, an office, or anywhere in between, Michael Kopsick possesses the experience and results that truly speak for themselves.

No case is too big or too small. At our firm, we recognize that every injury, whether physical, emotional, or financial, significantly impacts your life. If you’re feeling overwhelmed or unsure of what steps to take, that’s completely understandable.

We’re here to guide you throughout the entire process. We’ll walk you through your legal options, whether that involves filing a workers’ comp claim or suing a negligent third party, such as a subcontractor, property owner, or product manufacturer.