Anyone hurt on the job in Chicagoland, throughout Illinois, or in the State of Indiana, has a legal right to investigate all the reasons for their work accident. Workers have a right to learn if there are companies or individuals with legal responsibility to pay civil damages because of breach of mandatory duties of safety and care. It’s never simple. No matter how obvious some may consider the cause of the worker’s injuries, there can be no certainty for all the reasons for the event, especially if the accident resulted in severe bodily injuries or death.
Every case is unique and deserving of individual respect. These on-the-job accident investigations can be complicated and time-consuming. Usually, they are captained by a legal advocate (lawyer, law firm) acting on behalf of the worker victim and their loved ones. See, Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases.
Alongside the legal team will be one or more experts with education and experience in studying the situation and providing factual analysis. Doctors may be needed to give information on the extent of long-term care needs, for instance. Accountants may provide loss of earning capacity information. Industrial experts may explain particulars of the worksite and the accident events, revealing factors that led to the tragic harm suffered by the worker. See, Accident Reconstruction Experts and Injury Claims.
Damages Suffered by the Worker Victim and their Loved Ones
Damages are the amount of recompense received by the worker victim and their family members provided with personal injury claims under the law (think spouse, minor children). See, 10 Types of Injury Damages That May Be Awarded to Accident Victims.
They can be paid after a courtroom battle in a jury trial. These are “awards.” Payment is collected pursuant to a judgment (court document signed by the trial judge) filed in the public record.
Many work accident controversies are resolved in “alternative dispute resolution,” involving settlement negotiations, arbitration, or mediation. Here, there is no trial down at the courthouse. No awards are given with a judge’s signature of approval. Instead, contractual agreements are entered into between the claimants and the defendants with each provision and paragraph approved by the worker victim and their legal advocates before signing to the deal. Once formalities are met, checks are signed and victims are paid. (Sometimes on a periodic basis, over time.) These agreements are usually not made public as requested by the defendant(s).
Damages are Defined in the Law: Not All Harm is Covered
Damages are defined by law, and only legally recognized damages are available to the worker victim. Damages are provided for some family members who also suffer as a result of the work accident, too. These include things like “loss of consortium” damages. For details, read Loss of Consortium Damages in Illinois or Indiana Work Accidents.
Each situation is different. There may be some cases (but not all) where punitive damages can be awarded after a trial. Punitive damages, by definition, are not available in a settlement negotiation. Another example: some cases (but not all) may support an award of future pain and suffering. Read, Pain Awareness: Claims to Cover an Accident Victim’s Pain Damages.
Calculation of the Amount of Damages
Experts will corral facts from testimony and documents and digital data. They will then provide official professional opinions on damages in a personal injury matter.
There will be past, present, and future damages to evaluate and tally into a present value damages total. The experts will prepare formal reports. They may take the witness stand to provide explanation in testimony, if necessary.
This is complex undertaking. Catastrophic injuries, where the worker victim suffers permanent bodily harm, will involve high dollar damage calculations and substantiate large settlements or verdicts.
A traumatic amputation; a traumatic brain injury; spinal cord damage: these types of injuries correspond to significant liabilities and award demands. Think of it: the worker victim will need things like future surgeries; long term rehabilitation care; psychological support; special handicap needs like wheelchairs, special home supports like ramps, etc. See, Amputation and Disfigurement Damages After Chicago Accident and What are Legal Damages After a Work-Related Accident in Indiana or Illinois?
Worker victims may also be compensated for their lost wages, lost future earnings, and lost earning capacity. The more years ahead of the worker victim before retirement age, the bigger the damage amount here.
If the work accident results in death, then federal law or the state statutes of Illinois or Indiana provide for special “wrongful death” claims to be made, with wrongful death damages to be awarded. For more, read: Wrongful Death Claims in Illinois and Indiana: Different Laws Providing Justice after a Fatal Injury.
Who Pays for the Work Accident Damages?
Workers’ compensation is provided in Illinois and Indiana under mandatory laws requiring employers to pay for liability insurance that covers worker accidents with specific benefits defined in the policy. These benefits are paid to the worker without any need to prove up fault. They are also separate and distinct from any civil claim damage awards obtained by the worker victim under personal injury laws.
See: Five Key Differences Between Workers’ Compensation and Civil Claims After Work Accident.
The worker’s independent investigation into the work accident may reveal that one or more legal duties of care and safety were breached that contributed to the event that day, where the worker victim was hurt or killed. Industrial standards may also help to establish fault here.
The accident reconstruction experts working with the worker’s legal team will use their extensive knowledge to comb through things like photos or videos of the accident scene; preserved components of the machines involved; police reports or regulatory investigations; witness statements; medical records; employer histories of past similar events; housekeeping protocols; safety hygiene evaluations; and more. The result? Confirmation that fault points to one or more third parties on the site or to those involved in the manufacture, design, or sale of products involved in the event.
These expert revelations then form the basis of legal claims under defective products; failures to warn; negligent supervision; negligent maintenance or repair; professional malpractice; etc. Personal injury claims are then presented in demands against those legally liable for the victim’s harm.
For more, read: Liability in Chicago Warehouse Worker Injury Claims: Accident Expert Investigations; Construction Accident Expert Witnesses in Work Accident Claims; and Accident Reconstruction Experts and Injury Claims.
In some investigations, there may be shocking revelations of willful misconduct or concealment of known hazards that can drive up award amounts or form the basis of punitive damages awards. See, Corporate Greed That Disregards You and Me: The Importance of Punitive Damage Awards.
Seeking Justice After a Severe Work Accident in Illinois or Indiana
For those working in our industrial jobsites, the risks of harm they face each day is frankly underestimated and unknown to most of the general public. Most work in our factories, manufacturing plants, steel mills, food processing facilities, agribusiness operations, etc. is very dangerous. People can be hurt or killed in an instant in a fall; struck-by incident; crushing accident; fire; or electrocution.
There are laws in place to protect these workers, and legal avenues for justice in place for worker victims hurt when those safety laws are violated. Workers also need to be aware that there are legal deadlines which must be met, or their legal claims will be time-barred as a matter of law. See, Deadlines For Accident Claims Must Be Met By Victims or Claims Are Barred.
These worker victims may be provided substantial damage awards as a result of these breaches in duties of safety and care; however, the personal injury victim and their loved ones must be ready to face a huge fight from those defending against taking responsibility for the harm. All too often, their bottom line was the reason for lax worksite safety, and that same focus on the bottom line will drive their defense no matter how clear the causation may be.
For more, read:
- Common & Severe Work Related Injuries: How Do Attorneys Protect Workers?
- Are There Civil Claims for Damages Against Third-Parties for Your Work Accident?
- The Steel Industry is Dangerous: How Can Personal Injury Attorneys Help Steel Workers Hurt on the Job?
- 7 Different Parties Who Can Be Liable for Indiana Steel Worker Injury
- When Should You Contact a Personal Injury Attorney After Being Hurt on the Job?
Workers hurt on the job in Indiana and Illinois have legal damage claims defined by law which they can pursue under state or federal statute. Sadly, too many workers continue to be hurt or killed in preventable accidents on the job. Please be careful out there!
