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Chicago Construction Accident Lawyer

Most Common Causes of Construction Worker Fatalities
The Chicago construction accident attorneys at Rosenfeld Injury Lawyers LLC are committed to holding negligent parties fully accountable when an accident occurs on a worksite. Our law firm represents individuals and families in cases involving a serious injury or a fatality on a commercial or residential job site.

Construction work is one of the most dangerous occupations in America and even the most careful worker can be injured on an active worksite. According to the U.S. Bureau of Labor Statistics, 11 out of 100,000 people will die on the job annually. Moreover, 6.3 out of 100 people employed in the construction industry will be injured and require recuperation away from work every year. Obviously, an accident on a construction project can lead to heartbreaking and financially disastrous results.

The material on this page breaks down the legal rights for you in terms of benefits afforded an injured worker under the Civil Law of Illinois and the Illinois Workers’ Compensation Act.

All of our Illinois construction accident cases are handled on a contingency fee basis, where we only charge a fee when and if we are successful in obtaining compensation for you. As experienced Chicago construction accident lawyers, we have had the honor of representing people with the following types of injuries sustained on active work sites.

Begin the process today and complete the case intake form to get started with a construction accident injury attorney at our office.

Most Common Types of Accidents & Injuries Our Chicago Construction Accident Attorneys Handle

According to data from the U.S. Bureau of Labor Statistics, of the nearly 150,000 people injured each year while working on construction projects, the largest demographic involved in these accidents are male workers between 25 and 34 years old. Many of these injuries are significant and will require medical attention and result in the worker losing time from work.

Most Chicago construction accidents tend to fall into one of a few categories, including falling objects; slip, trip, and fall accidents; scaffolding and ladder accidents; electrocution; accidents involving machinery; and explosions.

Falling Objects

Whether due to debris, a falling tool, or roof collapse, injuries resulting from falling objects may be severe or fatal due to the momentum of the falling object. According to 2015 OSHA statistics, 9.6% of construction fatalities were attributed to these accidents.

Slip, Trip, and Fall Accidents

Fall accidents are the second most common source of injuries or deaths that take place on construction sites, according to the U.S. Bureau of Labor Statistics. An analysis of construction fatalities from 2003 to 2005 revealed that 55% of the deaths were related to falls.

Scaffolding and Ladder Accidents

A fall from any significant height can result in severe injuries, and many fall accidents occur when a ladder or scaffold contains a defect or is used inappropriately.

Electrocution

These accidents can occur when workers are unaware that they are working near a live electric current or when they strike a power line while digging. OSHA estimates that 8.6% of construction fatalities are related to electrocution.

Accidents Involving Machinery

Workers may be injured due to the negligent operation of cranes, hoists, tractors, conveyors, or other machines. Heavy machinery is regularly present on road construction sites as well. Manufacturing or design defects may also cause workers to harm when the defective components cause the machines to fail or to operate in a way that wasn’t intended. More than 7% of worker fatalities were related to being caught in or between something(s), and many of these situations involved heavy machinery.

Explosions

The presence of hazardous materials or the need to dig near a gas line may result in an explosion that injures or kills workers in the blast radius.

Other accidents may involve inadequate supervision, lack of training, or poorly maintained equipment.

OSHA’s Role in Promoting Safety Regulations on Jobsites

The Occupational Safety and Health Administration (OSHA) is a government agency responsible for protecting workers in all industries from unsafe conditions. In order to ensure the safety of workers, OSHA has a series of specific regulations pertaining to virtually every aspect of work performed on a small or large construction project.

If you or a loved one was seriously injured or killed in an accident involving a construction project, there is a strong likelihood that an OHSA violation was present and caused or contributed to the incident. When evidence of an OHSA violation has been established, it can be helpful in assembling a case involving the responsible companies.

Some of the most commonly cited OHSA violations in 2016 included: fall protection, hazard communications, scaffolding, respiratory protection, control of hazardous energy, powered industrial trucks, ladders, machinery and machine guarding, electrical, and electrical systems design. These OSHA violations apply to an entire range of the construction industry.

For more information on how to file a complaint about a dangerous work condition with OSHA, we invite you to contact our office for a free case review. Our Chicago construction accident attorneys can assist you with filing a complaint and advise you of your legal rights with respect to pursuing an Illinois lawsuit for workers' compensation, personal injury or fatal construction accidents.

Illinois Construction Worker Accident FAQ’s

We appreciate how an injury-related accident can have an immediate physical and financial impact on yourself and your family. Below are some questions and answers commonly encountered by some our or current and former clients. Of course, should you have additional questions, we invite you to contact our office for a free consultation where you can speak with an experienced Illinois construction worker injury lawyer regarding your legal rights and options.

What Should I do if I was Injured on an Illinois Construction Site?

If you or a family member was injured on a construction site, taking the following steps can help protect your legal rights and options for recovery in the future.
  • Seek Medical Attention Immediately – There is no way to be assured you do not have a life-threatening injury until medical personnel can fully evaluate your condition.
  • File a Report – The law requires you to file a report with your employer if physically possible, by detailing as much of the accident as you remember
  • Take Photographs – If possible, take pictures of the accident scene at the worksite capturing visual information that will assist you in telling your story of what happened during the incident
  • Meet with a Construction Accident Attorney – Contact a personal injury attorney who specializes in construction injury accidents to assist you in filling out all accident-related forms
  • Journal What You Recall – Maintain a journal containing all of your records and note every symptom, doctor visit and discussion with others
  • Request and Review All Reports – Request a copy of your accident report from your employer and fully review it to correct every inaccuracy

How Long do I Have to File an Illinois Construction Site Accident Lawsuit for Personal Injuries or Wrongful Death (Statute of Limitations)?

Illinois construction accident lawsuits involving personal injury must be filed within four years from the date of the incident. Failing to do so will forever bar your claim. 735 Ill. Comp. Stat. 5/13-214

For workers’ compensation cases arising out of a construction site accident in Illinois, there are two time periods to consider. First, you should notify your employer that you were injured and that your injuries arose from your employment. You should give this notice as soon as possible, but no longer than 45 days after the date of your accident. See 820 ILCS 305/6(c).

Second, you should file your claim with the Illinois Workers’ Compensation Commission within two years from the last payment of compensation from your employer, or three years from the date of your injury. See 820 ILCS 305/6(d). When it comes to repetitive use injuries or long-term exposure injuries, these dates may be more complicated to determine, so it’s best to consult an attorney to ensure that your claims are timely.

What Type of Compensation can I Recover in a Chicago Construction Accident Lawsuit Involving a Third-Party Claim?

As a construction worker in Chicago or elsewhere in Illinois, you are generally barred from pursuing a civil lawsuit against your direct employer. Your exclusive remedy is limited to benefits under the Illinois Workers’ Compensation Act. However, if a third party, aside from your employer, caused or contributed to the incident that caused your injuries, you can seek help from an Illinois construction accident attorney and file a lawsuit to recover compensation that goes beyond what is afforded to you under workers’ compensation.

By pursuing what is referred to as a third-party lawsuit, an injured construction worker could recover compensation for additional damages recognized under Illinois law, such as medical expenses, pain, and suffering lost wages, disfigurement, or wrongful death. The Chicago construction accident lawyers at Rosenfeld Injury Lawyers LLC regularly pursues the following damages for injured workers and their families involving active construction sites

Medical Expenses

Recovery of medical expenses can include compensation for past and future care related to injuries. Examples of medical bills would include emergency room care, surgical expenses, physical therapy, ambulance costs, prescription medicine, and doctor visits.

Pain and Suffering

The law entitles you to recover compensation for pain you experience as a result of your injuries as well as the pain that accompanies medical treatment incurred.

Lost Wages

Past and future wages and benefits (insurance, retirement, vacation time) are compensable. A construction worker injured on the job and unable to return to the position due to injury is entitled to recover wages for the remainder of their working life. For example, if you are 40 years old and make $50,000 a year, and you suffer an injury that prevents you from returning to your position, you would be entitled to compensation for lost wages for the rest of your working life: Using a retirement age of 70, you would be entitled to $1,500,000 in lost wages (30 years at $50,000 per year).

Disfigurement

Many injuries, such as burns and orthopedic injuries, may leave visible reminders of an incident. The law allows people with these types of injuries to recover compensation for their disfigurement.

Wrongful Death

When a construction worker is killed on the job or dies from their injuries, the family of the deceased can recover compensation for their loss of economic and emotional support.

Punitive Damages

It should not be hard to remember the goal of punitive damages because it looks a lot like what it is supposed to do: punish. In contrast to economic and non-economic damages, punitive damages have no relation to the way in which a plaintiff was harmed, at least in the way in which the court calculates them. Rather, they are designed as punishment for the wrongdoer and are meted out in amounts equal to the defendant's egregiousness.

However, more than just punish, the true nature of punitive damages lies in the hope that similar conduct will not take place in the future because of this punishment. In other words, they are given out to deter others from acting the same way. In the construction context, here are some situations that might warrant punitive damages (the key is to find a high degree of recklessness, wantonness, or egregiousness):
  • Company uses materials it knows are dangerous to its employees to save money.
  • The company fails to update or maintain its equipment to such an extent that it knows those who use it are in danger.
  • The company allows its employees to operate equipment or drive vehicles while intoxicated.
  • The company does not follow the law when erecting scaffolding or working on a building and employees fall as a result.

Who are Common Defendants in Chicago Construction Accident Cases?

Some of the parties that may be pursued as defendants in third-party construction injury lawsuits include general contractors, subcontractors, architects and engineers, product manufacturers, property owners, and engineering companies. Our Chicago construction site accident injury attorneys know the investigative process well and will uncover the facts to ensure all parties are held accountable

How Much Have Other Illinois Construction Cases Settled for?

Our Illinois construction worker injury attorneys have compiled data from construction site settlements and verdicts to give you a flavor as to how these cases are viewed from a case valuation perspective. As with all cases, we urge you to talk with a construction worker accident lawyer about your specific case.

Illinois Statewide Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
29
15
7
7
11
8
7
8
8

National Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
26
12
6
7
11
10
11
10
7

The first two tables illustrate what plaintiffs and across the nation received through construction accident litigation. Illinois sees a lot of cases in this field compared to other states and the national average. With respect to recoveries, some things are worth mentioning. For instance, Illinois plaintiffs obtained amounts over $5,000,000 at a greater rate than their national counterparts. On the other hand, Illinois plaintiffs also saw compensations levels below $100,000 more than those across the country did. The combination of these two facts appears to signify that Illinois recoveries mirror those of the national average.

Cook County Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
29
10
5
5
8
7
10
12

Lake County Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
28
16
0
10
10
6
10
10
10

Will County Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
40
10
10
5
20
5
0
10 0

Kane County Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
20
15
20
10
5
15
10
10
0

Dupage County Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
14
29
7
7
14
0
7
7
14

Madison County Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
36
9
5
10
9
6
10
5
9

Winnebago County Construction Accident Award Amounts

Amount
$0
$1-$50,000
$50,000-$100,000
$100,000-$200,000
$200,000-$500,000
$500,000-$1,000,000
$1,000,000-$2,000,000
$2,000,000-$5,000,000
>$5,000,000
Percentage of Plaintiffs
20
20
0
40
0
0
20
0
0

The eight tables above indicate how residents of Illinois fared in some of the biggest counties with respect to construction accident litigation. Some highlights are important to review. First, Will County saw the highest number of plaintiffs receiving under $100,000. Sixty percent of them did not recover more than $100,000. Second, Winnebago County led the way in the range of $100,000 to $1,000,000 because forty percent of their plaintiffs obtained amounts at that level. Finally, Cook County saw the most recoveries of more than $1,000,000: thirty-six percent.

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Get Legal Assistance Today From a Trusted Chicago Construction Accident Law Firm

Rosenfeld Injury Lawyers LLC is committed to securing the maximum compensation Illinois law allows for our clients injured on commercial and residential job sites in the Chicagoland area. If you or a loved one was injured or killed while working on a construction project in Chicago or elsewhere in Illinois, our construction worker injury attorneys are interested in speaking with you. We always offer free consultations and our attorneys will meet with you at a convenient location.

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