Construction accidents claim the lives and livelihoods of workers every day, with one in ten construction workers suffering injuries annually. Falls from ladders and scaffolding represent the leading cause of death for construction workers, while equipment malfunctions, falling objects, electrocution, and hazardous substances pose additional serious threats.
Unfortunately, these accidents often result in substantial medical expenses and lost wages when injuries prevent victims from working. In Chicago, construction accident lawyers help injured workers navigate their legal options after devastating incidents. For instance, some cases have resulted in significant compensation, including a $12 million recovery for a fatal bunker collapse and $11.25 million for a death caused by a falling concrete slab.
When construction workers experience injuries at worksites, understanding their rights becomes crucial. Construction workers experienced 21,400 nonfatal workplace injuries in 2020 alone, highlighting the importance of having knowledgeable Chicago construction accident attorneys on their side. This guide reveals everything injured workers need to know about pursuing compensation after a construction site accident.
Common Construction Site Accidents in Chicago
Chicago’s construction sites present numerous hazards that can result in serious injuries or death. According to the Occupational Safety and Health Administration (OSHA), certain accident types have remained the leading causes of injury and death throughout the years, being responsible for nearly two-thirds of all construction fatalities.
Falls from scaffolding or ladders
Falls to lower levels are devastatingly common, accounting for 401 fatalities in 2019 alone. Furthermore, falls, slips, and trips represented one-third of fatal construction injuries in 2021. A tragic example occurred in 2024 at the University of Chicago Hospital when a scaffold failed under high winds, causing two workers to fall more than 140 feet, resulting in one death and critical injuries to another. Investigation revealed the scaffolding had serious structural deficiencies and failed under a 44 mph gust despite being built to withstand winds of 85 mph.
Injuries from heavy machinery
Construction sites rely on powerful equipment that poses significant risks. Workers operating or working near equipment such as cranes, forklifts, and bulldozers face daily dangers. Common accidents include job site vehicle collisions, being struck by swinging crane loads, and limbs caught in machinery without proper safety guards. These incidents often lead to crushing injuries, severe foot injuries, or even amputations.
Electrocution and electrical hazards
Electrocution is designated by OSHA as one of the “fatal four” construction risks. Additionally, it ranks as the fourth most common cause of construction worker deaths according to the U.S. Bureau of Labor Statistics. The most frequent causes include contact with power lines, lack of ground-fault protection, missing grounding paths, improper equipment usage, and incorrect extension cord handling. Even workers wearing proper protection can suffer fatal consequences from these hazards.
Exposure to toxic substances
Construction workers routinely encounter harmful chemicals that can cause serious health complications. Common toxic substances on sites include asbestos, lead, chemical solvents, gasoline, industrial cleaners, carbon monoxide, pesticides, paints, and tar. Consequently, workers may develop conditions such as lung cancer, non-Hodgkin’s lymphoma, leukemia, asbestosis, birth defects, and mesothelioma. Since symptoms often appear years after exposure, many workers remain unaware of their condition until it’s too late.
Falling tools or debris
Struck-by accidents, primarily involving falling objects, make up more than 10% of workplace injuries. In 2021 alone, falling objects were responsible for 227 deaths. A recent incident at the University of Illinois involved workers being struck by falling bricks, requiring hospitalization with neck braces. Even with hard hats, falling objects can cause traumatic brain injuries, concussions, brain bleeds, and penetrating wounds.
Understanding Your Legal Options After an Injury
After a construction site injury, workers face critical decisions about pursuing compensation. Illinois law provides injured construction workers with specific legal pathways that could significantly impact their financial recovery.
Workers’ compensation vs. personal injury claims
Workers’ compensation operates as a no-fault system that provides benefits regardless of who caused the accident. Under Illinois law, injured workers can obtain medical coverage and wage loss benefits without proving employer negligence. However, these benefits typically only cover medical expenses and approximately two-thirds of lost wages. In contrast, personal injury claims require proving negligence but offer more comprehensive compensation. Unlike workers’ comp, personal injury lawsuits can provide full compensation for past and future lost wages, pain and suffering, emotional distress, and compensation for disability.
When third-party lawsuits apply
Though workers generally cannot sue their employers directly, they may file third-party liability claims against other responsible parties. These claims become viable if another company, property owner, or individual caused the accident through negligence. Third-party defendants on construction sites often include general contractors, subcontractors, property owners, equipment manufacturers, and site managers. Importantly, these claims require proving the third party had a duty of care, breached that duty, caused your injuries, and resulted in damages. Successful third-party claims often result in significantly higher compensation than workers’ compensation alone.
Can you file both claims at once?
Indeed, injured workers have the right to pursue both workers’ compensation benefits and third-party claims simultaneously. This dual approach allows workers to receive immediate benefits through workers’ comp while pursuing full compensation through a personal injury lawsuit. Nevertheless, benefits may eventually need offsetting in some form, as Illinois law prevents “double recovery” for identical damages. Given these points, filing multiple claims for the same accident frequently increases chances of recovering full compensation. A knowledgeable construction accident attorney in Chicago can help navigate both systems effectively, securing proper compensation for all aspects of your injury.
Who Can Be Held Liable for Your Construction Injury?
Construction site injuries often involve multiple responsible parties. Identifying all liable entities is crucial for maximizing compensation after an accident. A thorough investigation by a construction accident attorney Chicago can uncover all potentially responsible parties.
General contractors and subcontractors
General contractors bear primary responsibility for maintaining overall site safety and following OSHA regulations. Their duties include implementing comprehensive safety programs, conducting regular inspections, and ensuring workers receive proper training. These responsibilities are considered “non-delegable,” meaning they cannot transfer this liability to others. Similarly, subcontractors maintain responsibility for safety within their specific work areas. Both can face liability for injuries resulting from negligence, such as:
- Hiring unqualified workers or subcontractors with previous safety violations
- Failing to provide adequate safety equipment or training
- Not addressing known hazardous conditions
Property owners and site managers
Property owners must maintain safe premises throughout construction projects. Their liability typically depends on their level of involvement and control over the site. Even when not directly causing accidents, owners may be held accountable if they fail to warn about known dangers or secure hazardous areas. Moreover, property owners in Chicago have specific obligations under New York Labor Law Section 240 (the Scaffold Law), which imposes strict liability for gravity-related accidents.
Product manufacturers and equipment suppliers
Equipment manufacturers face liability when defective products cause injuries. Under product liability laws, injured workers can pursue claims for manufacturing defects, design flaws, or inadequate safety warnings. Notably, these claims follow strict liability principles—victims need only prove the product was defective, not that the manufacturer was negligent. Equipment suppliers also bear responsibility if they deliver faulty machinery or fail to perform necessary safety inspections before providing equipment to construction sites.
What Compensation Can You Recover in a Lawsuit?
Filing a successful construction injury lawsuit can result in substantially higher compensation than workers’ compensation alone. A qualified construction accident attorney Chicago can help secure these broader damages.
Medical expenses and rehabilitation
First and foremost, injured workers can recover costs for all medical treatment related to their injury. This encompasses emergency care, hospital stays, surgeries, doctor visits, prescription medications, and necessary medical equipment. Even more, rehabilitation expenses like physical therapy and occupational therapy—often inadequately covered by health insurance—are fully recoverable.
Lost wages and future earning potential
Besides immediate income losses, victims can claim compensation for diminished future earning capacity. This becomes especially critical for permanently disabled workers who cannot return to their previous occupation. In fact, economic experts may calculate decades of future lost earnings.
Pain, suffering, and emotional distress
Correspondingly, non-economic damages address the physical and emotional toll of injuries. These include compensation for physical pain, mental anguish, anxiety, depression, and even PTSD. Unlike workers’ compensation, lawsuits allow recovery for these subjective yet profound impacts.
Disability and reduced quality of life
Finally, permanent injuries often trigger additional compensation for life-altering conditions. This covers disfigurement, scarring, loss of enjoyment in daily activities, and diminished quality of life. Subsequently, compensation may address the inability to participate in hobbies or activities previously enjoyed.
Conclusion
Construction site accidents remain a serious threat to workers across Chicago, with thousands suffering injuries each year. Throughout this guide, we’ve examined the most prevalent hazards, from deadly falls to toxic exposure and equipment malfunctions. After a construction accident, understanding your rights becomes essential for protecting your future.
Workers typically have two primary legal paths available. Workers’ compensation offers immediate benefits regardless of fault but with limited compensation. Personal injury claims, while requiring proof of negligence, provide much broader compensation potential. Most importantly, these options aren’t mutually exclusive – pursuing both simultaneously often represents the best strategy for maximizing recovery.
Identifying all potentially liable parties serves as another crucial step toward full compensation. General contractors, subcontractors, property owners, and equipment manufacturers may all bear responsibility for workplace injuries. Each party brings different insurance policies and assets that could contribute to your settlement.
The financial impact of construction injuries extends far beyond initial medical bills. A comprehensive settlement should address ongoing rehabilitation costs, lost earning potential, pain and suffering, and permanent disability. Without proper legal representation, injured workers risk accepting inadequate compensation that fails to cover their long-term needs.
Construction workers face enough dangers on the job without also battling insurance companies and liable parties afterward. A qualified Chicago construction accident attorney can help navigate complex legal processes while you focus on recovery. Though no amount of money can fully restore what’s lost after a serious injury, proper compensation provides financial security during an incredibly challenging time.