If you or a loved one is seriously injured on a construction site, it is important to seek and receive prompt medical attention for the injuries. Then, contact an attorney as soon as possible. Every construction site injury claim is different and an attorney will need to begin investigating the cause of the injury to determine who is responsible. Additionally, there are statutes of limitations, or filing deadlines. In Missouri, the statutes of limitations for a construction site injury is five years and in Illinois, it is two years. There are factors that can affect this deadline, for example if the injury results in death, so it is always best to consult with an attorney to determine the proper statute of limitations.

After a lawsuit is filed, a process called discovery is initiated where both parties send written questions and requests for documents to each other. Then, depositions of fact witnesses and experts, including medical experts, are taken where each person testifies under oath. Discovery helps the attorneys prepare their cases for a jury trial. Oftentimes during a construction site injury lawsuit, the parties will engage in a process called mediation where all parties meet with a neutral mediator in an attempt to resolve a case prior to trial. The mediation can be court-ordered or voluntary. Plaintiffs are required by law to attend their own deposition, mediation and trial, if necessary.

It has been our experience at Padberg Appelbaum Knepper that once a lawsuit is filed, a jury trial is scheduled within 18 to 24 months; however, a settlement can take place at any time throughout the litigation process.

If a person is injured on a construction site, there are many things that should be tracked and collected in order to help the prosecution of the case. The following are examples of important documents a client should provide to his or her attorney:

• Police report
• Photographs of the area where the injury occurred on the construction site
• Photographs of any injuries before and after medical treatment
• Medical records and medical bills
• Communications with insurance companies
• The names, addresses, and phone numbers of any witnesses

A workers’ compensation case can be filed directly against an employer and its insurance company any time an injury occurs at work, to help pay costs of recovery, such as medical bills, and lost wages. A worksite injury civil claim (a third-party claim) is initiated when negligence of a third party contributed toward or directly caused the injury. This civil lawsuit can be filed against a landowner, construction site general contractor, subcontractor, or potentially a manufacturer of a product. In most instances a workers’ compensation claim and a worksite site injury claim can be filed simultaneously.

Numerous parties can be involved when an injury occurs on a job site. These might include, for example, the general contractor, subcontractor, site owner, tool manufacturer, co-worker, or other parties. Several tort theories of liability may also apply, including negligence and strict product liability. 

There are two common types of recoverable damages that an attorney can seek from a construction site injury lawsuit, economic and non-economic. Economic damages are exact financial figures, for example medical bills and lost wages. A client can also recover compensation for non-economic damages, such as permanent damage or pain and suffering from the injury. An experienced law firm can best determine available damages for a specific case after reviewing the facts.

There are a number of factors that determine whether a construction site injury case will settle or if it will go to trial. After the claim is investigated and it is determined there is a case, an attorney will work towards reaching a fair settlement with the responsible parties and their insurance companies. If a fair settlement cannot be reached, then the case will proceed to a jury trial.