Chicago Construction Accident Lawyer

Fair Compensation for Injured Construction Workers in Chicago

An award-winning Chicago construction accident lawyer from our firm will guide you through every aspect of securing compensation for these serious accidents. We can coordinate third-party and workers’ compensation claims, identify liability, and negotiate with insurance companies so that you receive a fair settlement. Contact us today for a free consultation about your legal rights.

Construction Accident Settlements Recovered by Our Law Firm in Chicago

$11,750,000: Anthony, a roofer, fell to his death while working on a roof in the Dunning neighborhood. Our wrongful death attorneys proved that the property owner had failed to comply with OSHA guidelines for installing guardrails around the site (29 CFR 1926.451(g) (1)).

$2,150,000: George, a tuckpointer, received injuries to his dominant arm when he fell from a scaffold at a Lincoln Park construction site. This settlement covered job retraining, as he was not able to resume his previous job duties.

$480,000: Carlos fell through an opening in a McKinley Park home, which the general contractor on the site had failed to cover properly. His medical expenses and lost wages were covered by workers’ compensation.

Why Choose Chicago Injury Center

Chicago Injury Center is a member of the American Association for Justice and is Super Lawyers® rated, thanks to our fierce commitment to protecting workers who were injured due to construction accidents. Having secured over $450 million for our clients, we have earned a spot in the Million Dollar Advocates Forum. With a Chicago construction accident attorney from our firm at your side, you have a better chance of securing fair compensation for construction accidents.

Types of Chicago Construction Accident Cases We Handle

20% of all occupational fatalities occurred in the construction industry in 2021, highlighting the severe risk that construction workers face on the job. Common types of accidents include:

• Scaffolding and ladder falls
• Slips and falls on wet or oily surfaces
• Crane accidents
• Forklift and heavy equipment accidents
• Trench collapses
• Electrocutions, including contact with overhead power lines
• Excavation accidents and cave-ins
• Falling object accidents
• Transportation incidents in construction zones
• Defective machinery or tool accidents

What Are the Most Common Causes of Construction Site Accidents in Chicago?

The Occupational Safety and Health Administration highlights the Fatal Four accident types in the construction industry: falls, struck-by accidents, caught-in/between accidents, and electrocution.

Though construction accidents occur for a variety of reasons, many are due to failure to follow OSHA guidelines. In 2024, OSHA notes that the most frequently violated safety regulations were as follows:

• Fall protection in residential construction (1926.501(b)(13))
• Ladders extended three feet above the landing (1926.1053(b)(1))
• Use of appropriate face and eye protection (1926.102(a)(1))
• Fall protection training (1926.503(a)(1))
• Use of head protection (1926.100(a))
• Fall protection for unprotected sides and edges (1926.501(b)(1))
• Inspection by a competent individual (1926.20(b)(2))
• Written certification record of fall training (1926.503(b)(1))
• Fall protection while in basket of an aerial lift (1926.453(b)(2)(v))
• Recognition and avoidance of unsafe hazards (1926.21(b)(2))

Failure to maintain equipment, negligent supervision by a construction site manager, and lack of proper training can all contribute to accidents. In Chicago, high-rise construction and icy weather can also result in construction accidents.

What Are the Most Common Construction Injuries?

Due to the dangerous nature of construction work, injured workers often suffer severe injuries that result in high medical bills and lost wages. Common workplace injuries in construction include:

• Traumatic brain injuries
• Spinal cord injuries
• Amputations
• Severe burns
• Broken bones
• Internal bleeding
• Repetitive stress injuries

In some cases, a construction site injury may result in permanent partial or total disability.

What Damages Can Chicago Construction Accident Victims Recover?

A Chicago construction accident lawyer from our firm will help you determine whether to file a lawsuit or a workers’ compensation claim. Each of these will provide different damages.

Workers’ Compensation Claims

Workers’ compensation insurance will cover medical expenses and a portion of lost wages up to the statutory cap. Those who cannot return to their previous employment may also be eligible for vocational rehabilitation and job retraining.

If you lost a loved one in a workplace accident, you are eligible for up to $8,000 in funeral and burial costs (820 ILCS 305/7). You can also receive benefits for 25 years or up to $500,000, whichever is larger.

Third-Party Lawsuits

If someone other than your employer was liable for the construction accident, you can file a third-party claim against them. These cases can provide additional compensation in addition to medical expenses and lost wages. These non-economic damages can include:

• Physical pain
• Emotional distress
• Loss of normal life
• Disability and disfigurement

What Is the Average Construction Accident Settlement in Chicago?

The average payout for a Chicago construction accident is $2,891,343. Payouts range between $80,000 and $22,520,000. Factors that impact settlement amounts include injury severity and permanency, liability disputes, and available third-party claims.

Example Cases in Cook County

Rick Blaisdell was working at the Illinois Benedictine College in Lisle when a steel beam fell from a crane, hitting him in the head. He suffered a traumatic brain injury and a damaged spleen that required multiple surgeries. The case went to the Circuit Court of Cook County, and a jury awarded him $20,937,743.00.

Leon Dorris, a union plumber, fell 30 feet from a catwalk at the Woodstock North Waste Water Treatment Plant. He suffered from spinal cord damage, a broken leg, a broken ankle, and a broken heel in his foot. His injury attorneys alleged that the property owners failed to keep their site in a safe condition for contractors. A jury agreed, awarding him $11,000,000.00.

Why You Need a Chicago Construction Accident Attorney

A construction injury lawyer is crucial to securing a fair settlement, as these injury cases often involve coordinating both workers’ compensation and third-party claims. Additionally, there may be several parties liable for the accident, such as construction companies, contractors, and property owners.

We can thoroughly investigate your case and develop strong defenses against common insurance company tactics, like delaying investigations and insisting that your injuries were pre-existing. Additionally, our experienced trial lawyers can represent you at the Cook County Circuit Court if necessary, developing a convincing narrative that accurately reflects the facts of your case.

How Common Are Construction Site Accidents in Chicago?

Since 2020, the OSHA Chicago region office has received 128 construction accident reports. Of these, 98 were fatal workplace accidents, highlighting the severe risk that workers are in when working in this industry.

Where Do Construction Accidents Occur Most Often in Chicago?

Common areas where construction accidents occur include:

• Roof repairs and replacements for Gold Coast condominiums
• Tuckpointing work for Edgewater apartment buildings
• Scaffolds for Loop high-rises
• Road projects on the Stevenson Expressway
• Warehouse renovations on the South Side
• Electrical work in distribution centers near Western Avenue
• Abatement projects along the South Side industrial quarter

What Laws Govern Construction Accident Claims in Chicago?

The Illinois Workers’ Compensation Act allows injured workers to make a claim if they are hurt during the course of their employment (820 ILCS 305). This is a no-fault system that will cover medical care and part of lost wages. Per the Illinois Supreme Court Case McAllister v. Illinois Workers’ Compensation Commission, you must be able to demonstrate that you were put at a unique risk of the specific injury based on your job duties.

Workers can also file personal injury claims if someone other than their employer was at fault. This could include violating the Illinois Occupational Safety and Health Act, which requires employers to adhere to OSHA regulations (820 ILCS 219). These standards are compiled in 29 CFR Part 1926, which covers regulations for the construction industry.

Building owners and property management companies can be held accountable under the Illinois Premises Liability Act, which requires owners to provide a safe environment for invited guests (740 ILCS 130/). For example, if they failed to follow the city’s Building Code (Title 14A), such as ensuring stairways are safe (13-196–570), they can be liable for any harm to workers.

How Long Do I Have to File a Construction Accident Lawsuit in Chicago?

Workers can file a workers’ comp claim up to three years after the accident or two years after the last remuneration from the company, whichever is later (820 ILCS 305/6(d)). For personal injury, there is a statute of limitations of two years (735 ILCS 5/13-202). This is the same as the statute of limitations for wrongful death (740 ILCS 180/).

Who Is Legally Liable for Construction Accidents in Chicago?

A Chicago construction accident lawyer from our firm can hold a number of parties accountable. This can include:

• Building or property owners
• General contractors
• Subcontractors
• Equipment manufacturers
• Engineers
• Architects
• Site supervisors and safety consultants
• Negligent drivers for transportation incidents

Common Defenses in Chicago Construction Accident Cases

Insurers will do everything possible to avoid being held legally responsible for harm done to workers. Thankfully, our injury attorneys are highly skilled at countering these defenses with hard evidence. These common defenses include the following.

Comparative Negligence: For personal injury suits, the insurer will try to insist that you were primarily liable for the accident. We can use surveillance footage, workplace records, and witness statements to show who was liable.

Assumption of Risk: Construction is dangerous, so the insurer may insist that you accepted the danger of severe injury or death. Expert testimony can demonstrate how negligence, not natural risk, was the cause of the accident.

Exclusive Remedy: If you file a lawsuit in addition to claiming workers’ compensation, the insurer will attempt to argue that workers’ comp is the exclusive remedy and you are not entitled to more. However, we will evaluate non-economic damages, which workers’ comp does not cover, and demonstrate why you are entitled to this compensation.

How to Strengthen Your Construction Injury Claim in Chicago

Prompt action is crucial to supporting your construction accident claim. Follow these steps as soon as possible.

• Seek immediate medical attention from the closest emergency room.
• Report the accident to your supervisor within 45 days and request a copy of the report.
• Preserve photos, videos, and witness statements.
• Do not give recorded statements to insurance adjusters, including over the phone.

How a Chicago Construction Accident Lawyer Can Help

Our firm will seamlessly coordinate all claims to ensure you have the best chance at compensation. We can assist with the following tasks:

• Investigating the accident and the site.
• Reviewing OSHA compliance records.
• Securing expert testimony from compliance officers.
• Negotiating aggressively with insurance.
• Appealing denied claims with the Illinois Workers’ Compensation Commission.
• Representing you at trial if necessary.

FAQs

Contact a Chicago Construction Accident Lawyer Near You!

We work on a contingency fee basis, ensuring everyone can afford high-quality legal representation that helps them secure the highest possible compensation. Schedule a free consultation with our experienced Chicago personal injury law firm today.