Compensation for Back Injuries in Construction Accidents

Experienced Attorneys Representing Injured Construction Workers

Construction workers in Illinois face some of the highest rates of serious injuries on the job, and back injuries in the construction industry are among the most common. At IL Work Injury Lawyer, we represent injured workers throughout Chicago and the surrounding areas who have suffered back injuries due to construction accidents. 

Whether the injury was caused by heavy lifting or poor safety practices, our attorneys understand how to deal with the workers’ compensation insurance and fight for your full benefits. We offer experienced legal guidance and personalized service to help you recover.

Settlements & Verdicts Recovered by Our Law Firm Based in Chicago

Our Chicago construction injury law firm has recovered significant compensation for construction workers suffering from back injuries on Chicago job sites.

$12,300,000 Settlement – Plumber Crushed While Unloading Materials on Chicago Jobsite

James, a 39-year-old union plumber, was working at a high-rise construction project in the South Loop when he was pinned by a steel load that shifted during unloading from a flatbed truck. He suffered multiple fractures and spinal cord damage, resulting in permanent disability. We showed that poor coordination, lack of spotters, and failure to follow proper unloading procedures contributed to the accident. The $12.3 million recovery reflected both his long-term care needs and significant lost income.

$7,200,000 Settlement – Electrician Falls from Ladder at Warehouse Site

Marcus, a 42-year-old electrician, was installing data cabling at a warehouse buildout near O’Hare when his ladder slipped on unsecured flooring. He fell over 15 feet, suffering traumatic back injuries and a herniated disc that required surgery and left him unable to return to construction work. Our investigation revealed the site lacked required fall protection and that supervisors failed to correct known hazards. He recovered $7.2 million in compensation for his injuries, future lost income, and medical expenses.

$2,900,000 Settlement – Carpenter Trips on Debris at West Loop Site

Luis, a carpenter working on a mixed-use development in Chicago’s West Loop, tripped over unsecured construction debris left in a walkway. He fractured his spine and tore multiple ligaments in his knee, requiring several surgeries. We pursued a claim against the general contractor for unsafe site maintenance and failure to enforce debris removal protocols. The $2.9 million settlement covered his pain, permanent physical limitations, and future rehabilitation needs.

Why Trust Your Case with IL Work Injury Lawyer

At IL Work Injury Lawyer, we focus on representing construction workers who’ve suffered severe back injuries on the job. Our team understands how back injuries in construction can impact your ability to work and support your family. With over $500 million recovered for injured clients statewide and top ratings from Avvo and Super Lawyers, we’ve built a reputation for results. Whether your injury came from lifting heavy materials, a ladder fall, or faulty equipment, we’re here to help you recover full workers’ compensation benefits—and pursue third-party claims when possible. We’re committed to protecting Illinois construction workers and their families.

Types of Construction Work Back Injury Cases We Handle

Construction work exposes employees to a wide range of back injuries due to the physical demands of the job. At IL Work Injury Lawyer, we represent clients suffering from:

• Herniated or bulging discs
• Spinal damage
• Lower back strain or sprain
• Compression fractures
• Chronic back pain from repetitive motions
• Sciatica and nerve root injuries
• Facet joint injuries
• Soft tissue injuries affecting the back muscles and ligaments
• Degenerative disc conditions worsened by construction work
• Post-surgical complications from spine procedures

These construction injuries often require ongoing medical care, physical therapy, and time away from work, making experienced legal representation essential.

What Are the Most Common Causes of Back Injuries on Construction Sites?

Construction workers face a high risk of back injuries due to the physical demands of their job. Understanding what causes these injuries is key to both prevention and pursuing compensation when accidents happen.

Operating Heavy Machinery

Back injuries often result from heavy equipment like forklifts, cranes, and loaders without proper training or protective equipment. Sudden jolts, rollovers, or collisions can cause spinal damage or muscle trauma, especially when the operator is exposed to vibration or awkward seating positions for long periods.

Lifting Heavy Loads

Improper lifting techniques or carrying materials that exceed safe weight limits frequently lead to back strain or herniated discs. Construction workers often handle heavy objects without assistance or mechanical aids, increasing the risk of soft tissue injuries and long-term spinal damage.

Falls

Falls from scaffolding, ladders, or unprotected edges are a leading cause of serious back injuries in the construction industry. A single misstep can result in fractured vertebrae, spinal cord trauma, or chronic back pain requiring extensive medical treatment and rehabilitation.

Repetitive Strain

Tasks involving repetitive movements like bending, twisting, or lifting place ongoing stress on the back. Over time, this wear and tear can lead to inflammation, nerve compression, and degenerative spinal issues, especially in jobs requiring awkward postures or poor ergonomics.

What Damages Can Injured Construction Workers Recover in Chicago?

Injured construction workers in Chicago may be eligible for two types of compensation: workers’ comp benefits and third-party injury claims. Workers’ compensation for construction workers covers medical bills, physical therapy, lost wages, and disability benefits, regardless of who was at fault. These benefits are paid by the employer’s workers’ compensation insurance carrier. 

However, if a third party—like a subcontractor, equipment manufacturer, or property owner—contributed to the construction accident, the injured worker may also file a personal injury lawsuit for additional damages. These construction injury lawsuits can help recover compensation for pain and suffering, loss of normal life, and other losses not covered by workers’ comp.

What Is the Average Construction Industry Back Injury Payout in Chicago?

Based on Law.com‘s VerdictSearch, the average payout for back injuries in the construction industry in Chicago is $4,706,496, with a median settlement of $1,750,000. These figures reflect a wide value range—from just under $100,000 to over $75 million—highlighting how significantly outcomes can vary.

Several key factors impact the value of a construction injury case:

• Several key factors impact the value of a construction-related back injury case:
• Severity of the injury, such as spinal cord damage, herniated discs, or permanent disability
• Long-term medical needs, including surgeries, physical therapy, and assistive devices
• Lost income or diminished earning capacity
• Whether third-party liability is involved, such as a negligent subcontractor or property owner
• The strength of the evidence, including safety violations or a lack of proper training

Cases involving permanent impairment, multiple defendants, or OSHA violations tend to result in higher compensation. Consulting with an experienced attorney is essential to understanding what your specific back injury claim may be worth.

Example Cases in Cook County

$11,000,000 Jury Verdict – Plumber Falls from Catwalk

Leon Dorris, a 49-year-old union plumber, fell 30 feet from a catwalk while working at a wastewater treatment plant in Woodstock, Illinois. He suffered multiple fractures, including three broken vertebrae, a herniated disc, and severe leg injuries. The jury found Baxter & Woodman 70% at fault and awarded $11 million, later reduced to $3.675 million after set-offs. The case hinged on unsafe premises and a lack of fall protection.

$3,500,000 Settlement – Laborer Slips on Ice 

Kevin Montgomery, a 54-year-old laborer, slipped on ice while moving materials on the 61st floor of a Chicago high-rise. He aggravated a lumbar injury and ultimately underwent two spinal fusion surgeries. His lawsuit alleged the general contractor failed to maintain safe conditions during freezing weather. The case settled for $3.5 million, including a full workers’ compensation lien waiver.

$2,866,400 Jury Verdict – Bricklayer Falls from Unsecured Scaffold

Anthony Grillo fell 12 feet from a scaffold on a residential construction and suffered a burst lumbar fracture, a broken collarbone, and rib fractures. The scaffold lacked guardrails and was placed on unstable ground. A jury awarded $2.86 million, later reduced to $1.83 million due to comparative fault. Grillo continues to suffer from chronic back pain and disability.

Why You Need an Experienced Attorney

Back injuries in construction accidents often involve multiple parties, conflicting accounts, and overlapping insurance coverage. An experienced attorney is essential to identify every responsible party, from subcontractors to equipment suppliers. These cases also require deep knowledge of both workers’ compensation law and personal injury litigation. In Chicago, claims may proceed through the Illinois Workers’ Compensation Commission or local courts such as the Daley Center. Deadlines, documentation, and liability disputes can delay or reduce compensation without proper legal guidance. Our attorneys know how to handle these obstacles and fight for maximum recovery through every available legal channel.

How Common Are Back Injuries in the Construction Industry?

Back injuries in the construction industry are alarmingly common and often severe. Recent OSHA construction injury statistics from the Chicago region since 2020 highlights six serious incidents involving the back and spine, of which four were fatal. 

Data from the Center for Construction Research and Training (CPWR) shows the back injury rate in construction stands at 24.5 per 10,000 full-time workers, higher than the national average across all industries. Glaziers had the highest rate of reported back injuries, followed closely by workers in masonry, roofing, and drywall. Age and experience also play a role. Among construction workers aged 35 to 54, roughly 40% reported back pain, significantly more than workers in other fields.

A separate long-term study found that 57% of painters, 41% of concrete workers and bricklayers, and 38% of carpenters experienced lower back pain within a year. Bricklayers with more than a decade on the job were twice as likely to develop lasting back problems.

Where Do Back Injuries in Construction Occur Most Often in Chicago?

Back injuries in the construction industry are prevalent on high-traffic worksites across Chicago. 

Projects along the I-90/I-94 corridor, including large commercial builds in the West Loop, South Loop, and Fulton Market, often involve heavy lifting, awkward postures, and dangerous equipment. Construction workers rehabbing older buildings along Milwaukee Avenue or remodeling residential units in Logan Square and Lincoln Park frequently deal with uneven flooring and unstable structures. 

Construction at O’Hare International Airport, McCormick Place, and the ongoing CTA modernization projects also present high risks due to tight timelines and demanding physical tasks. Contractors working on high-rise developments near Michigan Avenue or Wacker Drive often experience back injuries from repetitive tasks like lifting and operating machinery in confined areas. 

Whether you’re employed by a major contractor like Walsh Group, Pepper Construction, or a smaller subcontractor, jobsite conditions across Chicago can lead to serious injuries without proper safety measures. Our firm helps construction workers from all corners of the city recover compensation.

What Laws Govern Construction Back Injury Claims in Chicago?

Several Illinois laws may apply to construction back injury claims in Chicago, depending on the nature of the incident and who is responsible.

Most construction workers injured on the job are covered under the Workers’ Compensation Act (820 ILCS 305). This no-fault system provides benefits for medical care, temporary or permanent disability, and lost wages. It generally prohibits lawsuits against employers, even if negligence was involved.

If the back injury occurred on someone else’s property due to unsafe conditions—such as defective scaffolding, falling debris, or poorly maintained surfaces—the Illinois Premises Liability Act (740 ILCS 130/) may apply. This allows claims against third-party property owners who failed to provide a reasonably safe environment.

In fatal construction accidents, surviving family members may seek compensation under the Wrongful Death Act (740 ILCS 180/) for funeral expenses and loss of financial support.

When multiple parties share blame, the Illinois Joint Tortfeasor Contribution Act (740 ILCS 100/) allows courts to apportion liability. Under the Comparative Negligence Law (735 ILCS 5/2-1116), injured workers can still recover damages if they were less than 51% at fault, although their recovery may be reduced in proportion to their responsibility.

How Long Do I Have to Recover Compensation for a Back Injury in Construction in Illinois?

Injured construction workers must act quickly to protect their right to compensation for a back injury. Under 820 ILCS 305/6(d), you generally have three years from the date of the injury or two years from the last payment of workers’ compensation benefits, whichever is later, to file a workers’ compensation claim. For third-party lawsuits—such as claims against a negligent subcontractor or property owner—the Illinois Statute of Limitations for Personal Injury (735 ILCS 5/13-202) gives you two years from the date the injury occurred. Missing these deadlines can permanently bar your right to recover damages.

Who Is Legally Liable for Back Injuries in Construction?

Liability for back injuries in construction accidents depends on the circumstances surrounding the injury. While workers’ compensation laws generally prevent employees from suing their employers, other parties may still be held responsible. General contractors can be liable for unsafe site conditions or failure to enforce safety protocols. Subcontractors may be accountable if their negligence caused hazards, such as falling objects or equipment misuse. Property owners could face claims under the Illinois Premises Liability Act if poor maintenance or hazardous conditions contributed to the injury. Equipment manufacturers might also be liable in cases involving faulty machinery that led to serious back injuries.

OSHA Recommendations to Avoid Injuries to the Back

Preventing back injuries in construction requires more than just physical strength—it demands thoughtful planning and proper safety protocols. OSHA recommends using engineering controls like lift-assist devices, waist-height work platforms, and well-placed conveyors to reduce the strain of heavy lifting and repetitive motion. 

Tasks should be arranged to avoid awkward positions that overwork the back muscles or the spinal cord. Construction workers should receive training in ergonomics, safe lifting techniques, and how to report injuries early. Rotating physically demanding duties, taking scheduled breaks, and using two-person lifts for heavy materials are simple but effective ways to prevent serious injuries.

Common Defenses in Cases Involving Back Injuries in Construction

Defendants in construction back injury cases often use several defenses to reduce their liability. One frequent claim is that the injury was pre-existing, not caused by the construction work. Our attorneys gather medical documentation and expert analysis to prove the injury was new or significantly worsened by the accident. Another common defense is that the injured worker was not following safety procedures—for example, by lifting improperly or ignoring site rules. We respond by showing that the worker lacked proper training or that safety measures were missing altogether. If comparative negligence is raised under 735 ILCS 5/2-1116, we work to demonstrate that others—such as contractors or site supervisors—bore greater responsibility for the unsafe environment.

How to Strengthen Your Construction Accident Back Injury Case in Chicago

If you suffered a back injury on a construction site in Chicago, taking the proper steps early can protect your right to compensation. 

First, report the injury to your employer immediately—Illinois law (820 ILCS 305/6(c)) requires notice within 45 days. Seek medical attention right away, and follow all treatment instructions, including physical therapy and follow-up appointments. Ask your doctor to document how the injury is work-related. 

Keep a detailed record of your symptoms, time missed from work, and any communication with your employer or workers’ compensation insurance carrier. Avoid returning to heavy-duty work until your doctor clears you. 

Do not give recorded statements to insurance companies without consulting an experienced attorney. Preserve any evidence, including photos of the site, defective equipment, or lack of safety measures. 

Finally, contact a workers’ compensation attorney familiar with construction accidents to guide you through the legal process and improve your chances of a fair settlement.

How a Chicago Construction Back Injury Lawyer Can Help

A Chicago construction back injury lawyer helps you navigate every stage of your claim, from filing the initial workers’ compensation claim to pursuing additional compensation through a third-party lawsuit if another party—such as a contractor or equipment manufacturer—is responsible. Your attorney will gather medical records, consult with experts, and investigate safety violations on the construction site. They’ll handle communication with the insurance company to protect your rights and avoid unfair claim denials. If your injury leads to long-term disability or chronic back pain, your lawyer will fight for full compensation, including lost earnings, medical expenses, and future care needs.

FAQs

How much does a back injury attorney cost?

Most back injury attorneys work on a contingency fee basis, meaning you pay nothing up front. The attorney only gets paid if they recover compensation for you, usually as a percentage of the settlement or verdict.

Is it hard to prove a back injury?

Back injuries can be challenging to prove without strong medical documentation. Diagnostic imaging (like MRIs), treatment records, and expert opinions are essential. Prompt medical attention and consistent treatment help support your claim.

Is a back injury a permanent disability?

Some back injuries result in permanent disability, especially those requiring surgery. Others may heal over time. Your doctor will determine the extent of your impairment and future limitations.

How can back injuries be prevented?

Back injuries can often be prevented through proper lifting techniques, ergonomic workstations, safety training, regular breaks, and the use of assistive equipment. Employers should implement safety protocols and provide training to reduce workplace injury risks.

Book a Free Case Review!

If you suffered a back injury while working in the construction industry, don’t wait to get the legal guidance you need. At IL Work Injury Lawyer, we offer a free case review to help you understand your rights and options. Our experienced attorneys handle cases on a contingency fee basis—you pay nothing unless we win compensation for you. From dealing with the workers’ compensation insurance carrier to pursuing third-party claims, we’re here to fight for your medical care, lost income, and long-term support. Contact us to schedule your free consultation with a Chicago workplace injury lawyer.