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Construction and Scaffolding Accidents in Illinois: Workers' Compensation vs. LawsuitWritten by: Michael J. Helfand Reputation Level 16
Posted over 2 years ago. Applies to Illinois, 1 helpful vote, 0 comments
1
Get medical careYour health should be your first priority. Get the medical attention you need. If you need a specialist, or a physical therapist, get a referral from your doctor. If you have a workers' compensation claim, getting a referral can help secure your benefits. (If you see too many different doctors, without referrals, you may not be covered for all of them.) Save all your medical bills and records that you have. Keep a journal about your injuries so you don't forget anything. This could come in handy if you decide to file a workers' comp claim or file a lawsuit. 2
Tell your employerLet your employer know what happened. This is required if you have a workers' compensation claim. But it's also just common sense. For workers' comp you have 45 days to notify your employer. Make sure there is proof that you gave them notice. Ask to fill out an accident report, write a letter, etc. You should also file your case with the Illinois Workers' Compensation Commission as soon as possible. 3
Preserve evidenceIf you can, take pictures or video of the accident site, as well as any visible injuries you have. Hiring an attorney right away can help you preserve evidence; he or she may be able to get an order preventing anyone from altering the accident scene. 4
Take legal actionAs mentioned above, if you are hurt while working, you may have a workers' compensation claim. However, you may instead have a personal injury claim against a third party. On a construction site, there may be several companies working together. For example, if you are injured in a scaffolding accident where a third party erected the scaffolding, you may have a lawsuit against that party. If you or someone from your company erected the scaffolding, you are probably limited to a workers' compensation claim. You cannot sue your employer for work-related injuries. Instead you have to file a workers' comp claim. This rule stands no matter who was at fault -- you, your employer or a fellow employee. Additional ResourcesConsulting with an attorney will help you make sense of your legal options. If you have trouble determining whether your case is a workers' comp claim or a lawsuit, we can help you decide. Give us a call. You will speak to one of our attorneys for free, and they will give you the name of a workers' compensation or personal injury attorney who can help. Related Questions3 Attorney answers: 
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