Construction Worker Injuries: A Huge Issue in Landscape Architecture

Construction Accident - July 22, 2022 by Horwitz, Horwitz & Associates

Getting injured on the job is no picnic. While a workplace injury will generally entitle the victim to workers’ compensation, additional compensation may be available if a construction worker’s injury was caused by the negligence of a third party, such as a landscape architect.

If you or a loved one has been injured on the job due to a landscaping architecture issue, you could be entitled to a claim for your damages. Connect with a Chicago construction injury lawyer from Horwitz, Horwitz & Associates to explore options on how you can recover compensation for the costs and damages linked to your construction injury.

Read on to learn more about how landscaping defects can make a landscape architect liable for the resulting injuries.

Landscaping defects can cause serious injury to construction workers

Risks and dangers associated with construction jobs are significantly higher than for other occupations. According to the U.S. Bureau of Labor Statistics, in 2020 the construction industry accounted for 6.6% of the 2.7 million nonfatal occupational injuries and illnesses in the private industry, and the 1,009 fatal occupational injuries accounted for 21.2% of the total construction industry fatalities in the private industry.

Construction workers are noted as being at greater risk of injury or illness due to contact with objects, falls to a lower or the same level, overexertion, as well as excessive noise. Construction workers face enough dangers without having to also worry about the risks of defectively designed or installed landscape architecture.

Under Illinois state law, when construction workers are injured on construction or renovation projects as a result of the negligence of a landscape architect, the injured workers can bring a third-party injury claim to recover damages.

1. Design

Occasionally, when a flaw in a landscaping design is not detected during the initial design phases, it will make it into the final design. Licensed landscape architects must meet stringent standards in their creation of landscape projects, and violations of their duty can lead to liability for resulting injuries.

To determine whether a design was negligent, it’s helpful to work with an attorney to review the evidence, including soil reports, development drawings, and other documents that may reveal design-related defects that could cause injury.

2. Installation

When it comes time to install the landscape design, the contractors who are tasked with the installation process are likewise bound by a duty to provide work of a general standard of quality.

The construction of pathways, building of steps, and the installation of irrigation systems must all meet standards so they function as they are intended to without undue risk of injury.

3. Components/Equipment

The components used in the construction and installation of landscape architecture products must perform as they’re intended to. The components used in modern landscaping projects, like water features, sprinkler systems, and lighting, often involve the use of computerized and digital components that can be complex.

When incorrect or defective components are used, mechanical system failures can be experienced, leading to the risk of electrocution injury, flooding, and also fires.

4. Maintenance

Ongoing maintenance of landscaping projects is necessary to maintain the safety of the property for residents and any workers on the property alike. For example, as trees and plants installed into a landscape design grow, they can lift pavement leading to the trip-and-fall risks. Ground coverings can erode over time which can impact the grade of the land, leading to flooding and property damage.

While architects are not directly responsible for the maintenance of their projects, they have a duty to ensure that the project is sustainable for the location into the future without undue burden or risk.

Steps for filing a third-party work injury claim against a landscape architect

When workers in Illinois are injured on the job, they are entitled to workers’ compensation benefits to cover immediate medical bills, like the emergency room, as well as a portion of lost wages.

However, the benefits received through workers’ compensation are not always sufficient to cover the substantial costs associated with extensive medical care that injuries can require.

A  third-party personal injury claim could be available for the victim to recover compensation when an entity that is not their direct employer contributed to the injury.

1. Meet with a construction accident lawyer and discuss ways to pay your bills while the case is pending.

The sooner you speak with a Chicago construction accident lawyer, the sooner you will know what options are available to you to collect complete compensation for your injuries. Workers’ compensation claims are meant to replace your lost wages during recovery, and will generally cover the essential, and more basic medical bills that you encounter.

Your construction accident lawyer can help you process your workers’ compensation claim as efficiently as possible, while putting together a third-party claim to collect further compensation.

2. Your attorney will conduct an investigation and gather evidence.

To determine the full amount in compensation that you are entitled to, your attorney will collect evidence concerning the accident that led to your injury, as well as the costs linked to it. You can only collect compensation for damages that you can prove with evidence, and your attorney will help schedule follow-up appointments with medical and occupational experts to accurately determine what you are entitled to.

3. Your attorney will determine liability and examine all possible avenues for compensation.

The last thing you hope to happen while you are working to support yourself and your family is to be injured and taken out of work altogether. Your attorney will carefully review the factors that contributed to your injuries to identify any negligent parties who may have contributed to it. We will review workers’ compensation benefits for your injuries, as well as all possible third-party avenues to collect further compensation.

4. Your attorney will fight on your behalf until maximum compensation is obtained.

Whether you recover compensation through an initial claim, or a lawsuit is necessary, your attorney will step into your shoes and handle the process every step of the way. When we take a construction injury case, we follow it through to the end until maximum compensation is received on your behalf.

Think you may have suffered an injury from poor landscaping? We can help.

If you’ve been injured due to poor landscaping, you could have a claim. The attorneys at Horwitz, Horwitz & Associates are standing by to provide a risk-free, cost-free assessment of your case. Call (800) 985-1819 or visit our site and schedule a consultation to discuss options on how we can help you recover what you are entitled to on your construction injury.