A Channel 13 WREX news report states a local construction worker was fatally killed in a work zone crash, according to Illinois state police. The fatal crash, which is still under investigation by local law enforcement, occurred when a Mack dump truck was backing up eastbound on the I-88 construction zone and ran over the 43-year-old victim. The identification of the driver, a 49-year-old man from Rockford, has yet to be released.
The Department of Labor’s watchdog for all things regarding workplace safety is the Occupational Safety & Health Administration (OSHA). OSHA has helped push down the rate of construction accidents rate over the past years. That being said, as a whole the construction industry exposes workers to several hazards – more so than any other industry – that can cause injuries ranging from minor to major, or even death. Some risks that may lead to a construction-related injury or wrongful death include repetitive motion, electric shock and failure to use proper safety equipment, trench or scaffold collapse, and falls from heights.
OSHA reports that almost 6.5 million people work at a construction site in the United States on any given day. OSHA places the mandate on employers and makes them responsible for providing a safe and healthful workforce for employees. OSHA makes sure this essential requirement is adhered to by establishing and enforcing standards. OSHA also conducts training, outreach education, and assistance to employers.
While the law varies by state, when a construction worker is killed on the job, his or her next of kin – or the representative of the decedent’s estate – may file a wrongful death suit.
Illinois state law requires that a wrongful death claim be filed by the personal representative of the deceased person’s – often referred to as the decedent – estate. Generally the personal representative can be a close relative of the decedent, such as a surviving spouse, parent of a minor child who passed, or the adult child of the decedent. If the victim passed without appointing a personal representative for his or her estate, the court may appoint one.
State law also requires that the wrongful death lawsuit be filed within the statute of limitations – or the time limit during which a suit may be brought in court before it is forever banned. Generally, Illinois statute of limitations requires a wrongful death suit to be filed within the latter of the statute of limitations that applies for the underlying type of case or within one year of the decedent’s death. In the instance of a personal injury case, the applicable statute of limitations is two years. If the case is not filed within the time frame under the law, the court may refuse to hear it all together.
If someone you care about has been tragically killed in Illinois due to the negligence of another, contact a seasoned wrongful death attorney. Retaining knowledgeable legal representation is important. The attorneys at Brassfield & Krueger, Ltd. represent clients across the state of Illinois. To speak with a knowledgeable lawyer, contact (815) 398- 9700 or click here today.
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