Construction Accident Lawsuits Against General Contractors in Illinois

Construction accident lawsuits against general contractors help you secure compensation for a subcontractor’s negligence. Whether you were hurt in a construction accident in Lake County, DuPage County, Cook County, or anywhere else in Illinois, our experienced attorneys can use third-party lawsuits to recover damages for your medical expenses and lost wages. Contact us today for a free consultation about your rights.

Settlements & Verdicts Our Chicago Law Firm Has Recovered in Lawsuits Against General Contractors

$7,200,000: William, an electrician, fell off a ladder while installing cable at a River North warehouse. He suffered from herniated discs and a head injury. In addition to a workers’ compensation claim with his employer, we also ensured the general contractor was held liable.

$2,900,000: Reggie, a carpenter, tripped over construction debris and tore his Achilles tendon while working at a McKinley Park job site. The general contractor covered his settlement.

$1,539,000: An independent contractor caused Albert, a roofer, to fall while replacing a Roselle commercial roof. He broke both his legs and required extensive medical care. We proved fault by demonstrating that the general contractor retained control of the independent contractor’s work and was therefore liable.

Why Choose Chicago Injury Center

With over 25 years of serving clients across Illinois, our firm has earned a place in the Million Dollar Advocates Forum thanks to our multi-million-dollar settlements for injured workers. We have a 98% success rate at trial and are a member of the Illinois Trial Lawyers Association, affirming our commitment to high-quality legal representation for all clients.

We can help you navigate the Illinois court system and will aggressively negotiate for fair compensation, whether that’s through workers’ compensation benefits or a third-party lawsuit against a liable party.

What Is a Construction Accident Third-Party Claim in Illinois?

A third-party lawsuit is against a party other than your employer, such as an independent contractor or general contractor. Unlike workers’ compensation claims, which are a no-fault system, you must gather evidence proving that the liable party was negligent.

When Does a Construction Accident Qualify for a Personal Injury Lawsuit Against a General Contractor?

To qualify, there must be clear evidence of the contractor’s failure to exercise sufficient control over the job site, their equipment, or their employees. They can also be held vicariously liable if one of their employees or independent contractors did not take reasonable care in the course of their duties.

For example, a contractor who provides defective equipment, fails to communicate operative details to all workers, or encourages unsafe work practices could be liable.

What Are the Most Common Hazards on Illinois Construction Sites Caused by General Contractors?

Every year, one in ten construction workers will suffer injuries in the course of their duties, many of which may be the result of negligent contractors. Illinois law requires all construction agencies and contractors to comply with OSHA regulations (820 ILCS 219/25), but many fail to do so.

Some of the most common accident causes include:

• Falls from Height: Every contractor must provide sufficient fall protection, such as personal fall arrest systems (1926.501).
• Falling Objects: Loose items should always be secured, and no work should be completed without overhead protection for workers below (1926.759).
• Electrocution: All electrical equipment must be inspected for defects, and workers should be provided with safety equipment like insulated gloves (1926.403).
• Scaffold Collapses: All scaffolds should be able to support themselves and up to four times their intended load (1926.451). If a scaffold collapses, the contractor can be held liable.
• Faulty Equipment: Vehicles like forklifts, dump trucks, cranes, aerial lifts, and hoists must be secured when not in use, have proper mirrors and safety equipment, and be kept at least 10 feet away from overhead power lines (1926.600).

What Types of Accidents Lead to Lawsuits Against General Contractors?

Contractors are required to provide a safe environment for workers, overseeing all site activities. Common reasons for a third-party lawsuit against a contractor include the following.

Unsafe Equipment: All tools provided by the contractor should be in working order. If faulty tools cause a construction accident, you can file a third-party lawsuit against the contractor.

Unsafe Property Conditions: The contractor should take reasonable care to ensure a secure and safe work site. For example, all debris should be removed, barriers should be erected around holes, and power should be shut off to areas where electrical work is being performed. Otherwise, you may pursue a third-party lawsuit for this negligence.

Failure to Oversee Subcontractors: Often, multiple companies and subcontractors are working at the same site, which can result in construction accidents if the contractor does not retain control of all independent contractors.

Are General Contractors the Only Legally Liable Parties in Third-Party Lawsuits?

While the contractor is the primary liable party, this does not mean that your construction accident lawsuit is restricted only to this party. The Illinois Joint Tortfeasor Contribution Act allows you to sue multiple third parties, with blame allocated between all of them (740 ILCS 100/).

Other parties that may be listed in a third-party lawsuit include property owners, equipment manufacturers, subcontractors, and independent contractors.

What Laws Govern Construction Accident Third-Party Lawsuits in Illinois?

The Illinois Premises Liability Act allows you to pursue a third-party lawsuit against a general or independent contractor, as well as against property owners (740 ILCS 130/). This law holds site managers responsible for providing a safe work environment and rectifying any known dangers.

In some cases, premises liability allows you to receive benefits even if you were primarily responsible for the accident. The Illinois Supreme Court case Deibert v. Bauer Bros. Const. Co., Inc. determined that third parties may be responsible if they could have reasonably foreseen that a worker would be distracted and therefore less able to prevent an accident.

If faulty tools or equipment contributed to the accident, you can file a product liability lawsuit (735 ILCS 5/2-21). This requires manufacturers and distributors to provide safe products to consumers and companies. An experienced attorney can gather evidence proving that a malfunction or design flaw led to the accident.

What Damages Can Construction Accident Victims Recover?

Unlike workers’ compensation, a third-party lawsuit has no statutory cap and allows you to pursue non-economic damages in addition to recouping your financial losses.

Economic damages cover your financial losses, which can include medical expenses, future medical attention, lost wages, and property damage. On the other hand, non-economic damages cover intangible losses like pain and suffering or emotional distress.

How Our Construction Accident Attorneys Can Help

Our top-rated attorneys will guide you through every aspect of a third-party lawsuit, relying on our extensive trial experience to ensure the highest possible compensation. We can assist you with the following tasks:

• Evaluating damages using medical bills, lost wages, and pain and suffering.
• Gathering evidence to prove liability, including accident reports, OSHA violations, and employment records.
• Determining all liable parties, including those that may be vicariously liable.
• Consulting with construction safety experts and medical professionals to prove how your injuries are connected to the accident.
• Aggressively negotiating with insurance companies.
• Preparing your case for trial, if necessary.

How to File a Third-Party Construction Accident Lawsuit

A third-party lawsuit requires careful orchestration, making it crucial that you work with a skilled attorney. The process includes:

• Investigating the accident and determining who is liable.
• Filing a complaint with the proper court.
• Sharing documents with other parties, called discovery.
• Attending pretrial hearings to determine the course of the trial.
• Negotiating with insurance companies before trial.
• If negotiations fail to realize a settlement, presenting evidence before a judge and jury.

The statute of limitations for third-party lawsuits is just two years (735 ILCS 5/13-202), making it crucial that you contact us immediately for a consultation.

Book a Free Consultation

Our nationally-recognized attorneys work on a contingency fee basis, meaning you owe us nothing unless we secure compensation. We have a perfect 10/10 AVVO rating and one of the highest trial success rates in Illinois, making us the premier choice for injured construction laborers. Contact us today for a free, no-obligation consultation with a skilled construction accident lawyer.