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Illinois Construction Accident Lawyer

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Illinois statute of limitations for construction accidents

Illinois Construction Accident Lawyer

Construction sites in Illinois are dangerous, and workers often face risks such as falls, equipment malfunctions, and electrocution. Typically, construction site owners, project managers, contractors, or equipment manufacturers are responsible for ensuring workers’ safety, and if they fail to do so, they can be held liable for the construction accidents. 

Under Illinois law, injured construction workers may be eligible for workers’ compensation or can file a construction accident lawsuit against negligent parties to seek damages for medical bills, lost wages, and pain and suffering.

All construction accident attorneys at our law firm accept cases on a contingency fee basis. Meaning, you don’t have to pay for our legal representation services until we resolve your case through a negotiated settlement or litigation.

Contact our Illinois construction accident lawyers to schedule a free consultation. All confidential or sensitive information shared with your Illinois construction accident lawyer remains private through an attorney-client relationship.

chicago construction accident attorney

How Common is a Construction Accident Case in Illinois?

In 2021, the U.S. Bureau of Labor Statistics (BLS) reported 986 deaths in the construction industry, of which 378 were due to falls. 

Occupational Safety and Health Administration (OSHA) recorded seven fall-related fatalities among construction workers in Illinois, which could have been avoided.

In 2022, the BLS noted that 1,069 construction workers lost their lives on the job, with 395 of these deaths attributed to falls from heights.

The BLS also reported that Illinois experienced 112,500 non-fatal injuries and illnesses in the private sector in 2022. Among them, 73,500 resulted in employees missing work or necessitating job transfer or restrictions, termed DART cases

Seventy percent of these reported construction accidents in Illinois are classified as DART, slightly surpassing the national average of 67 percent.

Data from the Occupational Safety and Health Administration (OSHA) highlights that one in ten construction workers experiences an injury annually.

Roughly 75 percent of all struck-by fatalities involve heavy machinery such as semi-trucks or cranes.

In 2015, the U.S. Department of Labor’s OSHA imposed nearly $2 million in fines on two Illinois construction companies and a manager for deliberately exposing employees to asbestos hazards.

The estimated annual economic cost of deaths and injuries in Illinois construction accidents is around $270 million.

In 2021, there were 102,000 non-fatal work injuries and illnesses in Illinois’s private industries and 22,700 in public industries.

In 2022, the construction sector documented 169,600 cases of injury and illness, according to the BLS.

Illinois Construction Accident Cases Our Personal Injury Lawyers Handle

In Illinois, construction workers face numerous hazards on worksites that can result in severe injuries with lasting consequences. At our law firm, we specialize in handling a variety of construction accident cases, providing support and representation to those who have been injured on the job. Here are some common types of construction accidents that our lawyers handle:

  • Falls from Heights: Workers may face significant risks when working on ladders or scaffolding. We represent construction accident victims of falls caused by inadequate safety measures, such as poor fall protection or unmaintained equipment on construction sites.
  • Falling Objects: Loose materials, tools, and debris can fall from above and cause head, brain, or spinal injuries. We advocate for workers hurt by falling objects on the job.
  • Slips and Trips: Construction sites often contain numerous slip and trip hazards, from wet surfaces to stray materials. Our construction accident attorneys help injured workers harmed due to unaddressed hazards on the worksite.
  • Transportation Accidents: Heavy vehicles, such as bulldozers and concrete mixers, can pose serious dangers. We handle Illinois construction site accident cases where workers are injured in vehicle-related accidents due to poor maintenance or lack of training.
  • Electrocution: Exposed wires and charged metal objects can electrocute workers, causing severe construction site injury. Our lawyers provide legal support to such construction accident victims.
  • Fires and Explosions: Flammable materials and gas lines increase the risk of construction accidents. We seek justice for injured workers in such incidents.
  • Caught-in and Caught-between Accidents: Workers can become trapped or pinned by heavy equipment or structures. Our construction accident attorneys help those harmed by being caught in or between objects.

If you or someone you know has been injured on a construction site, contact our construction accident lawyer today to discuss your options for pursuing a construction accident lawsuit.

What Types of Injuries Can Occur in a Construction Accident?

Construction accidents can result in various types of injuries, which can require extensive medical treatment and care, including:

  • Broken bones and fractures, especially in the arms, legs, and ribs
  • Traumatic brain injuries (TBIs), concussions, and nerve damage
  • Spinal cord damage, leading to potential paralysis
  • Severe burns from electrical shocks or chemical exposure
  • Lacerations and deep cuts from machinery or sharp objects
  • Internal injuries, such as organ damage from falls or impacts
  • Amputations or loss of limbs due to machinery malfunctions
  • Crush injuries from heavy equipment or materials
  • Repetitive motion injuries causing chronic pain and impairment

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If you have suffered any of these serious injuries, our Illinois construction accident lawyers can help you prove them with supporting medical records and seek fair compensation. Contact us for a free consultation to discuss your construction accident claim. 

Who Can Be Held Liable for an Illinois Construction Accident?

Several parties may be liable for an Illinois construction accident due to the range of potential causes. Possible responsible parties for occupational injuries and related medical expenses include:

Illinois Construction Accident
  • Construction companies
  • Contractors (general, sub, and prime)
  • Property owners
  • Architects and engineers
  • Insurance companies

Before speaking with anyone else, contact our law firm to schedule a free consultation with our skilled construction accident lawyers. We can help you understand your rights and work to secure maximum compensation for construction accidents.

Can You Sue for a Construction Accident in Illinois?

In Illinois, you may be able to file a construction accident lawsuit if you are an independent contractor or if someone else’s negligence caused your injuries. For example, if a property owner failed to maintain a safe work environment and you were injured as a result, you could hold them liable.

If you are a construction worker, keep in mind that filing a workers’ compensation claim usually waives your right to sue your employer. However, you need to have the following grounds for initiating any legal action:

  • Lack of Workers’ Compensation Insurance: You can sue your employer if they don’t provide the required workers’ compensation insurance.
  • Intentional Harm: If your employer intentionally caused your construction site injury, you may have grounds for a lawsuit.
  • Third-Party Liability: You can sue third parties such as equipment manufacturers or subcontractors if their negligence led to your construction site accident.

Consulting Illinois construction accident attorneys is essential to understand the workers’ compensation benefits and determine the best course of action for your case.

What is the Deadline for Filing a Construction Accident Claim in Illinois?

Illinois law sets specific timeframes, known as the statute of limitations, for filing a construction accident lawsuit, which varies depending on who caused your injury. Failing to bring a personal injury lawsuit within this timeframe will lead to case dismissal. 

If a local government such as the city, county, or school district caused your injury, you have one year from the date of the construction accident to file a claim. If a private individual was negligent, you have four years from the accident date to file. For general construction site injuries, the Illinois statute of limitations is two years. 

To ensure your rights are protected, consult a Chicago construction accident lawyer promptly. They can assess your case and guide you through the legal process for your personal injury claim.

Filing an Illinois Workers’ Compensation Claim

If you are a construction worker injured on the job, you may be eligible for an Illinois construction accident claim. Illinois law requires most employers to provide workers’ compensation insurance, which covers accident-related medical costs and disability benefits.

To file a claim, inform your employer in writing within 45 days. Your employer then has 30 days to process your claim, though they may contest your eligibility. A construction accident claim provides disability income, lost wages, and medical expense coverage, while a construction accident lawsuit may provide full and fair compensation for economic losses and non-financial damages.

Benefits include 100% of medical expenses and two-thirds of weekly wages for time off. Maximum and minimum weekly benefits apply for lost wages or death benefits, detailed on the Illinois Workers’ Compensation Commission website. Compensation from a construction accident claim against a third party is determined by a jury or settlement negotiations, including payment for medical bills, lost income, and emotional distress.

Understanding Illinois Workers’ Compensation Benefits

A workers’ compensation claim can provide substantial financial support after construction site accidents. It covers reasonable medical expenses and vocational training if your serious injury prevents your return to work. For families of those who died in a construction accident, death benefits and up to $8,000 in burial expenses are available.

The majority of workers’ compensation coverage includes disability benefits, which come in two types: temporary and permanent. After reaching maximum medical improvement (MMI), your doctor assesses whether you have any long-term disabilities.

Disability benefits depend on your pre-injury wage and the severity of your construction site injuries. Temporary partial disability covers two-thirds of the difference between pre-injury and current wages, while temporary total disability provides two-thirds of your pre-injury weekly wage for at least 14 days off work. Permanent partial and total disability benefits are also available for construction accidents depending on the loss or use of body parts or functions.

Consult an Illinois construction accident attorney for help maximizing your compensation from the responsible entities or individuals.

construction site accident fall from height

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Modified Comparative Negligence Rule in Illinois Construction Accident Claims 

In personal injury claims, the modified comparative negligence rule adopted by Illinois law determines your eligibility for compensation based on your level of fault in an accident. This rule allows you to recover damages if you are less than 50% at fault for the incident.

However, your amount of compensation will be reduced in proportion to your degree of fault. For instance, if a construction accident victim was found to be 30% responsible for a construction site accident that caused $100,000 in damages, their compensation would be reduced by 30%, allowing them to recover $70,000.

This rule helps recover compensation in Illinois construction accidents and allows for the accountability of multiple parties. Talk to a Chicago construction accident lawyer to understand how the rule applies to your personal injury case lawsuit and to maximize your financial compensation.

Schedule a Free Consultation With an Illinois Construction Accident Lawyer 

If you have been involved in a construction site accident in Illinois, an experienced construction accident attorney can help you resolve your case. Lawyers gather evidence and negotiate with insurance companies or other parties on your behalf. They work under Illinois law to establish liability and build a strong construction accident case for your compensation claim. 

Whether through a settlement or court litigation, your construction accident attorney at the Injury Lawyer Team, sponsored by Rosenfeld Law Offices, will fight for the best outcome, securing financial relief for medical bills, lost income, and other accident damages. 

Let a skilled construction accident attorney handle your case and advocate for your rights. Contact our law firm at (888) 424-5757 today to schedule a free consultation.