Construction accidents can leave you with serious injuries, substantial medical bills, ongoing medical treatment, and potentially limited ability to make a living. It is among the many dangerous occupations where the risk of accidents is quite high.
We understand how stressful that can be. Our Chicago construction injury attorney will fight for you to obtain justice and help you regain control of your life.
Read on about how to best navigate the aftermath of an accident in Chicago so you can safeguard your rights and win the compensation you deserve.
Who Can File a Construction Accident Personal Injury Lawsuit?
You are typically eligible to file a worker’s compensation claim if you’re a construction worker and your accident injuries occurred on the job. The claim only enables you to recover medical expenses, benefits, and wage replacement. You can’t claim non-economic losses such as pain and suffering.
However, you may be able to file lawsuits against parties other than your employer that may have played a contributing role in the accident to maximize your compensation.
It’s possible you were injured on a construction site even though you’re not a worker. For example, you were hit by unsecured scaffolding while walking by the job site and seriously injured. That would make you eligible to file a personal injury lawsuit. Family members of victims who are fatally injured in these accidents can also file wrongful death lawsuits.
Types of Cases That Our Construction Site Accident Lawyers Handle
Whatever the facts of your case may be, we have the knowledge and skills required to win maximum compensation for you. Our construction accident attorneys have over two decades of experience handling nearly every type of construction accident case, such as OSHA’s Fatal four, and others including:
- Falls – Falls, including slip and falls, are a common occurrence on construction sites. Victims may suffer serious injuries due to improper ladders, loose scaffolding, lack of fall protection, unsafe slip hazards like wires and cords, open holes, and uneven ground.
- Struck-By – Being struck by one of the many hazards on a construction site, such as a forklift or a falling brick, can lead to a serious injury and possibly even construction accident deaths.
- Caught-In or Between – Being caught in or between things like large machinery, slabs of concrete, steel bars and other heavy objects can be highly dangerous.
- Electrocutions – There may be many exposed wires on a construction site posing an electrocution risk, which can cause death, to workers and others.
- Fires or Explosions – Explosive or flammable materials being used on construction sites or defective gas lines can increase the possibility of a major fire or explosion resulting in serious construction injuries.
- Transportation Accidents – The large and heavy vehicles used on a job site, such as dump trucks, excavators, and concrete mixers, always carry a big risk of construction site injury.
Chicago Construction Accident Statistics
The most recent available data from OSHA reveals some interesting insight regarding Chicago construction accidents. [1] The Bureau of Labor Statistics also sheds light on the larger trends of construction accidents in the state. [2] This data reinforces the fact that there exists a high risk of injury on construction sites.
- Over 2,500 construction site fatalities have been reported in Illinois between 2017 and 2023
- Workers in transportation and material moving had the highest number of fatal injuries
- 89% of all work-related fatalities in Illinois were men
- The year with the lowest reported fatal injuries was 1996 with 262
- Less than 20% of those who suffered fatalities were self-employed
- In the past 33 years, falls have accounted for 42% of all construction worker deaths
- 112,500 nonfatal workplace injuries were reported by employers in Illinois
- 20,800 of those cases were workplace illnesses
- Illinois has a total recordable cases incidence rate of 2.7 cases per 100 full-time equivalent workers
- Trade and transportation sectors accounted for 62% of the personal injuries
Common Causes of Construction Accidents
The common causes of construction accidents can vary significantly from one case to another. Some of the most common causes we typically see in cases resulting in construction accident injuries include:
- Overexertion of the workforce by construction companies
- Unsafe construction work environment
- Unavailability of adequate safety equipment
- Inadequate fall protection for workers on elevated structures
- Missing safety protections on power tools
- Faulty equipment or machinery
- Tripping hazards left unchecked
- Construction company disregarding OSHA safety regulations
Common Construction Site Injuries
The nature of construction site injuries tends to be quite similar in most cases. Some of the most common injuries suffered as a result of an accident on a construction site include:
- Slip and Falls – Workers or visitors to the site may slip on a trip hazard or fall from an elevated structure or into holes and ditches, often suffering serious spinal cord injuries.
- Scaffolding Collapse – The collapse of unsafe scaffolding, particularly from greater heights, can lead to broken bones and even death.
- Electric Shock – Electrocution from exposed wires or hardware generators, power tools, and other machinery may cause electrical burns.
- Burns – Fires and explosions on construction projects may result in burns on the victim’s body, potentially causing permanent disfigurement.
- Brain Injuries – No enforcement of hard hat rules by the construction company may result in traumatic brain injuries when construction accident victims are struck on the head by falling debris.
What to Do After a Construction Accident in Chicago, IL
If you’re injured on a construction site, it’s important to take the necessary steps to ensure you receive the compensation you deserve. Whether you’re one of the injured workers on the site or a passerby, follow these steps to safeguard your rights:
- Get Medical Attention – You may have suffered serious injuries, including those that may not present symptoms until later. Get medical attention as soon as possible to protect your health and well-being. Your treatment records and medical bills will also serve as evidence later on.
- Report the Accident – Report the accident to whoever is in charge of the job site. Provide details of how the accident happened and what injuries you suffered. Make sure you note who took your report and the date you made it.
- Gather Evidence – Capture as much evidence from the scene as possible. This includes any photos and videos of unsafe conditions, OSHA violations, injuries, and damage to property.
- Get a Construction Accident Lawyer – Hire a personal injury lawyer as soon as possible to protect your rights, secure key evidence, and negotiate a favorable settlement. You’ll also need a construction site accident lawyer to file solid workers’ compensation claims that the insurance company can’t deny.
It’s also important to be mindful of what not to do following construction accidents in Chicago. Never accept fault for any of the circumstances that caused the accident. Don’t accept any settlement or sign any document given by your employer or their insurance company without consulting your construction accident lawyer first.
You Have Limited Time to File a Construction Accident Lawsuit
There’s a hard deadline on when you can file a construction accident lawsuit. This is called the statute of limitations.
Under Illinois law, the statute of limitations for personal injury cases is two years. You must file the lawsuit within two years of the day you were injured or you may not be able to claim any damages.
For an Illinois workers’ compensation claim, you must report construction accidents to construction companies within 45 days of when you first found out about your injury.
Workers’ compensation law then gives you up to three years from that date or within two years of the last date you were paid by the employer, whichever is later, to file your formal claim for benefits with the Illinois Workers Compensation Commission.
Damages Our Chicago Construction Accident Lawyers Can Help You Recover
Workers’ compensation coverage limits your recovery to economic damages only. This includes medical expenses, lost wages, rehabilitation services, ongoing care costs, funeral expenses for deceased construction accident victims, and medications. Non-economic damages can’t be recovered under a workers’ compensation claim.
You can seek compensation for non-economic losses such as emotional trauma, pain and suffering, and loss of enjoyment of life against parties other than your employer if they played a contributing role in your accident. A passerby injured because of a Chicago construction site can claim these damages as well.
Average Payouts in Construction Accident Cases
There’s not a typical amount that’s paid to victims as compensation for their construction site accidents. The facts and circumstances of every accident vary significantly and that has a huge influence on how your payout is evaluated.
For example, if you opt for workers’ compensation benefits, you’ll receive 66.6% of your average weekly pay and lost wages if you need at least 14 days off from work.
Remember, you can’t file a lawsuit against your employer if you opt for these benefits. However, there may be other parties liable for your accident and you can file a personal injury lawsuit against them. Depending on the extent of their negligence and the severity of your injuries, it’s not uncommon for these lawsuits to get victims millions in damages.
Compensation Secured by Our Construction Injury Attorneys
The construction site accident attorneys at our law firm have successfully won major settlements worth millions of dollars for clients who wished to seek compensation for injuries on construction sites.
We’ll put this experience to good use for you and do our best to ensure you get full and fair compensation. You can get an idea of what we can make possible for you from the following settlements we’ve secured for clients:
- $5,000,000 in a product liability lawsuit for a carpenter injured by a table saw that didn’t have a blade guard. The lawsuit was filed against the manufacturer and maintenance company.
- $2,150,000 for a construction site worker who fell from 20-foot high scaffolding and suffered injuries due to inadequate fall protection equipment.
- $1,899,000 settlement in addition to full workers’ compensation benefits for a union carpenter who suffered injuries after falling from a poorly positioned ladder.
- $800,000 in a third-party claim by an injured worker against subcontractors and the general contractor for occupational safety and procedure violations as well as defective equipment.
Filing a Claim With Our Chicago Construction Accident Attorneys
As leading construction accident lawyers, Rosenfeld Injury Lawyers follow a proven process to create solid claims for clients backed by irrefutable evidence. This provides you with the best shot of winning maximum compensation. Here’s how things will go once you have the construction site injury lawyers from our law firm in your corner:
- Free Evaluation – You’ll get a free consultation for your case. We consider the Illinois law and federal laws to establish a clear plan of action, determine all of your legal options, and provide an idea of how much you could win in a settlement.
- Claim Investigation – We’ll independently investigate your claim to collect useful evidence that can be used to clearly establish the negligence of all responsible parties.
- Negotiations and Mediation – Your Chicago construction accident lawyer will passionately protect your interests in all negotiations and mediation proceedings with the insurance company to get you a big payout.
- Going to Trial – If there’s no settlement, we’ll take the case to trial and use our decades of experience in forceful advocacy to win a favorable jury verdict.
The Time It Takes to Settle a Construction Accident Case
There are many factors influencing the amount of time it takes to settle construction accidents. Your settlement may come quickly, within a matter of months, if it’s not contested and the insurance company doesn’t drag matters out necessarily. It may end up taking longer if there are multiple liable parties.
If the case ends up going to trial, you can expect the whole process to take a couple of years at the very least, since trials do take time. No matter how long it takes, we’ll remain with you every step of the way until you get justice.
The Cost of Hiring a Construction Site Accident Attorney
Don’t lose hope after construction site accidents as you can get top-notch legal representation for no upfront cost. At Rosenfeld Injury Lawyers, we’ll take your workers’ compensation claim and construction lawsuit on a contingency fee basis, putting our best Chicago construction accident lawyers on the case to help you win big.
This means we’ll conduct the investigation, negotiate with the insurance company, and also take the case to trial if needed without charging you a single penny. We’ll only get paid once you receive a confirmed settlement and our fee will be a percentage of that settlement. We’ll remain committed throughout the entire process to get you full compensation.
Contact an Experienced Chicago Construction Accident Lawyer Today!
Your accident may have left you with serious injuries forever changing the trajectory of your life. We’re on a mission to make sure victims like you don’t have to suffer due to someone else’s negligence. We’ll fight for you and get you the full and fair compensation you deserve.
Contact our law firm at (888) 424-5757 for a free consultation. You’ll be connected to a Chicago construction accident attorney experienced in accident lawsuits who’ll explain everything you need to know about how to proceed and hold those who caused your accident accountable.
Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.
Rosenfeld Injury Lawyers
225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757
We also serve clients from Chicago, Champaign, Peoria, Schaumburg  and throughout Illinois.