Defense Against Construction Accident Claims
Construction companies and contractors try their hardest to keep their employees and others safe on construction sites. Unfortunately, construction risks and hazards can be difficult to control due to constantly changing work environments. Many work site accidents result in workers’ compensation claims, but sometimes, employees will also file liability claims against construction site owners, contractors, construction managers, and engineering professionals.
Construction professionals frequently call upon Quinn Johnston for help with construction accident litigation. We represent large and small construction companies, builders, property owners, general contractors, subcontractors, and product manufacturers in liability cases. Our litigation defense attorneys have extensive knowledge of construction and labor law, including Occupational Safety and Health Administration (OSHA) standards.
Our attorneys defend clients in areas including construction accidents, construction negligence, contractor liability, industrial injuries, pedestrian injuries, and work site injuries. Many situations can lead to these injuries, including:
- Scaffolding accidents
- Ladder accidents
- Defective power tools
- Electrical accidents
- Falling objects
- Bridge accidents
- Roofing accidents
- Borrowed employee, traveling employee issues
Efficient, Cost-Effective Defense Strategy
Quinn Johnston has the experience and the staff needed to handle construction accident cases, which frequently involve many parties since several organizations tend to work at construction sites. Whenever possible and appropriate, we work with co-defendants to achieve favorable results and control litigation costs.
Our Springfield-based and Peoria-based insurance defense attorneys understand that jurors commonly feel sympathy for injured workers, and we know how to counter those biases with strong defenses based on facts. We work with our clients to obtain positive results efficiently and cost-effectively.
Our construction accident defense attorneys have experience resolving cases in a variety of manners, including trial litigation, settlement negotiation, mediation, and arbitration. We work with our clients to determine the best litigation tools to use in each case, including retention of expert witnesses. When needed, our defense team is available to respond to critical incidents.
Ioerger v. Halverson Construction Co.: Strong Defense from the Accident Date until a Supreme Court of Illinois Victory
After nearly 9 years of work on the case, Quinn Johnston obtained an Illinois Supreme Court victory for Halverson Construction Company in connection with claims arising out of the collapse of a work platform suspended from the McCluggage Bridge of the Illinois River between Peoria and East Peoria, Illinois. The platform collapse resulted in fatal injuries to three ironworkers and serious injuries to two others. The Supreme Court of Illinois’s ruling extends the exclusive remedy provision of the Workers’ Compensation Act to the co-joint venturers of and any joint venture in which the injured party’s employer participated.
Beginning on the day of the occurrence, Quinn Johnston’s Greg Cerulo managed the legal aspects of the incident investigation, including communications with media, proper preservation of physical evidence, retention and utilization of consulting experts, and consulting with federal government investigators and experts. Once the matter moved into litigation, an exhaustive phase of deposition discovery was concluded.
In trial court, Quinn Johnston filed a Motion for Summary Judgment which sought to extend the exclusive remedy provision of the Workers’ Compensation Act, which provides employers with immunity for any costs or damages greater than that amount paid under the Act. The trial court found that as a co-joint venture, Halverson was an agent of Plaintiffs’ employer and entitled to immunity provided by the Act to that employer. The Fourth District Appellate Court reversed the decision, and Halverson appealed. The Supreme Court of Illinois reversed the appellate court’s decision, restoring the summary judgment in favor of Halverson.
About Quinn Johnston
Quinn Johnston was featured by Fortune Legal Marketplace as a 2013 Top Ranked Law Firm based on Martindale-Hubbell AV® Preeminent ratings for ethical standards and legal ability. Several of our attorneys have also been named as Leading Lawyers by their peers in the Leading Lawyers Network. We represent clients throughout Central Illinois, including in Peoria County, Tazewell County, Sangamon County, McLean County, Rock Island County, Champaign County and their surrounding areas. Our experienced litigators strongly defend clients while maintaining a high level of professionalism and ethical standards.