Evacuation and tunneling projects can be dangerous, as they often require workers to trench tunnels or excavate shafts, passageways, and chambers. Hazardous conditions may include limited entry and exit, reduced light, fire or explosion potential, and exposure to air contaminants. While tunnel accidents are often preventable, they can still occur.
Illinois law prevents you from filing a lawsuit against your direct employer. However, no-fault workers’ compensation benefits may cover your medical care and partial lost wages while shielding companies from legal action. Our skilled workplace injury attorneys can help you pursue compensation for damages resulting from tunnel worker accidents in Chicago.
Who Can Be Held Liable After a Tunnel Accident?
Workers’ compensation insurance does not cover non-economic losses, including pain and suffering, resulting from workplace accidents. However, you have the right to pursue compensation for full financial losses, lost wages, pain and suffering, and disability from third parties when their negligence contributed to your accident. Examples of third parties that may be liable include:
Manufacturers for Defective Machinery
If defective machinery such as a tunnel boring machine, conveyor belt, ventilation system, or safety equipment caused you harm, you may be able to pursue a product liability claim. For a successful outcome, you must demonstrate that the equipment was unreasonably hazardous and led to your injuries. Depending on the circumstances, you may build a case based on flawed design, defective manufacturing, or failure to warn.
Contractors and Subcontractors
When pursuing damages from a third-party general contractor or subcontractors, you must demonstrate that they owed you a duty of care and their breach of that duty caused you to sustain injuries. Under Restatement (Second) of Torts § 414, you may take legal action against a general contractor if they maintained supervisory control and failed to ensure a safe working environment or ignored known hazards on the work site. An independent subcontractor may be liable if they left behind unbarricaded trenches, spilled oil, or faulty lighting that contributed to your accident.
Negligent Motorists
Illinois laws require drivers to change lanes and slow down significantly when approaching construction or maintenance work sites. If a negligent motorist caused your injuries, you may also pursue a claim against that driver. For example, if they were driving recklessly and struck you in a work zone, you can demonstrate fault by showing that they failed to comply with traffic laws.
Our experienced Chicago attorneys can help you build a tunnel worker accident claim by investigating and carefully analyzing the evidence to determine the most effective strategy for obtaining maximum compensation.
Key Evidence in Tunnel Worker Accident Cases
If you suffered injuries in a tunnel accident, a successful claim requires proving that the liable party was negligent, meaning they failed to act responsibly to ensure your safety. Evidence to support your claim can include:
- Medical records showing your diagnosed injuries and treatment plan
- Photographs and videos of the accident scene
- Police reports, citations, and other accident reports
- Eyewitness accounts
- Expert evaluations of the hazardous workplace conditions
- Maintenance and safety logs
Our knowledgeable Chicago tunnel worker accident attorneys can gather the critical evidence needed to establish fault and obtain a just settlement.
Contact an Attorney About Chicago Tunnel Worker Accidents
If the negligence of a contractor, subcontractor, manufacturer, or other third party caused you harm, you may be able to hold them legally responsible. While no-fault workers’ compensation benefits may cover some medical expenses, you will likely require more compensation if your injuries are severe.
At Kaveny Sarmas Injury Lawyers, we are not just about cases – we are about your case. Schedule a consultation to learn more about recovering damages for tunnel worker accidents in Chicago. Our skilled attorneys can help guide you through this challenging time.
