Falls cause more deaths at construction sites than any other work-related accidents. Construction workers are sometimes positioned high in the air, making any fall a life-threatening event. Even falls with little or no elevation can be dangerous if the worker falls onto a piece of equipment or hard surface. When seeking compensation for their injuries, many construction workers must file a workers’ compensation claim because their injuries occurred as a result of performing their job duties or negligence by their employer. However, there are situations where a third party was responsible for the fall and is liable in a personal injury lawsuit.

Faulty Equipment

Construction workers use equipment from third-party manufacturers to reach high places and protect themselves while up there. You could file a personal injury lawsuit against the manufacturer or seller of the equipment if its failure caused your injuries, such as a ladder that collapses or a safety harness that fails to secure you. To hold a third party liable for a faulty product, you must prove that:

• There was a flaw in the product’s design;
• The materials used to build the product were substandard;
• The manufacturer was negligent in constructing the product; or
• The seller knew of the product’s flaws when you or your employer purchased it.

Unsafe Conditions

You and your employer may lack control over the conditions of the work site if you are working with a subcontractor or other third party. Leaving equipment strewn across the ground or spilling a slick substance may cause you to fall from tripping or slipping. Because this is a third party claim, you must prove that:

Being injured in an accident can cost you more than what you must pay for medical treatment. Suffering a debilitating injury may require you to miss time from work while you recover. When you return to work, you may be limited in the tasks you can perform or the hours you can work. Your employer has no obligation to compensate you if your injury occurred outside of your work. You will need to include your compensation for lost wages as part of your personal injury lawsuit.

Time Off

A person who is recuperating from a serious injury may miss weeks or months worth of work days. The time off may include:

• The initial medical treatment and recovery period;
• Time in physical therapy to regain strength; and
• Follow-up appointments with doctors and physical therapists after the patient returns to work.

Depending on your employee benefits, you may not be paid or may receive reduced pay for the days that you miss. Contract workers have no means of recovering the money they lost for time off. Your personal injury compensation can include the pay you did not receive because you were unable to work. Even if vacation or sick days covered some of your time off, you are still entitled to the value of that time off in your lawsuit. Illinois courts will not allow a liable party in a personal injury case to get away with paying less because the plaintiff has insurance and employee benefits.

There are typically fewer pedestrians during the winter months, but winter conditions can make walking near streets more hazardous for those who brave the weather. Drivers bear most of the responsibility for preventing accidents involving pedestrians. As a pedestrian, you can take extra precautions to protect yourself and help drivers:

1. Visibility: Daylight hours are shorter during the winter, and the snow can make it harder for drivers to see you. Wear bright colors during the day and reflective clothing at night. Walk in well-lit areas. Your own vision may also be diminished by the conditions and your need to bundle up. Make sure you are able to see around you in order to avoid potential hazards.
2. Eye Contact: If you are at an intersection with a stopped vehicle, make eye contact with the driver before you cross. Do not assume that the driver notices you and knows that you plan to walk in front of the vehicle. By making eye contact, you are acknowledging that you see each other and understand who has the right-of-way.
3. Footwear: Have on boots or shoes that are appropriate for the conditions you will be walking through. Your footwear should protect your feet from being numbed by the cold and give you enough traction to walk on slick surfaces. Slipping in or near an intersection puts you at greater risk of being hit by a vehicle.
4. Stopping Time: Suddenly walking into an intersection forces a driver to react quickly. Vehicles need more time to stop in slick conditions, and slamming on the brakes may cause the driver to lose control. Be more cautious about when you enter an intersection because you know the driver may have difficulty stopping for you.
5. Staying Out of the Road: You may be tempted to walk in the street if you reach an area of sidewalk that has not been cleared of snow. However, walking in a driving lane puts you at much greater risk of being hit because drivers are not expecting pedestrians in the road. If the pedestrian walkway is impassable, you should find an alternate route that does not involve walking in the street.

Contact a Barrington Personal Injury Lawyer

Being cautious may not prevent a pedestrian injury in all cases, but it eliminates needless risks. Behaving recklessly may also mean that you share responsibility for the accident, which can lessen your award in a personal injury case. A Barrington, Illinois, personal injury attorney at Joseph M. Lucas & Associates, LLC, can help you receive compensation when you have been injured in a pedestrian accident. Schedule a consultation by calling 847-381-8700.

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Diagnosing a traumatic brain injury after an accident is more complicated than diagnosing other serious injuries. You will not take long to realize something is wrong when you have broken a bone or torn a ligament. Symptoms of a brain injury can take days to appear, and you may not immediately understand what they mean or connect them to your accident. If you file a personal injury lawsuit, the liable party may use the uncertainties about brain injuries to deny that the incident caused a brain injury or that your symptoms are severe. You can best prove your brain injury for your case by getting a diagnosis as soon as possible.

Brain Injury Causes

You are most likely to suffer a traumatic brain injury because of a fall, being struck by an object, or a car accident. A brain injury can occur even if your skull is not fractured or penetrated. A sudden impact or jolt can cause your brain to collide with your skull, resulting in damage. Losing consciousness after your accident is a common sign of a brain injury, but you may still have suffered a brain injury if you remained conscious. You should ask your doctor about the possibility of a brain injury and follow up if you notice any symptoms.

Mild to Severe Brain Injuries

Your doctor may categorize your traumatic brain injury as mild, moderate, or severe, depending on the extent of your symptoms. However, even a mild brain injury can have long-term debilitating symptoms. Common symptoms of a mild traumatic brain injury include:

Domesticated animals can behave in unpredictable ways that may cause injuries. A malicious attack, such as a dog bite, can leave lasting physical and emotional damage. More benign actions can also result in injuries, such as an excited dog jumping on someone and knocking him or her over. Guests who are hurt because of the actions of someone’s pet can seek personal injury compensation from the pet owner. Illinois law holds a pet owner strictly liable for injuries unless the victim is at fault for the animal's reaction.

Strict Liability

According to Illinois law, an animal owner is liable for injuries that the animal causes to others as long as: