Fatal Construction Accident Claims in Illinois

Experienced Attorneys in Chicago Helping Families Recover Compensation

Fatal construction accident claims can be extremely challenging to litigate, especially when grieving a loved one. IL Work Injury Lawyer holds all negligent parties accountable for your loss, helping you recover maximum compensation through workers’ compensation or a wrongful death claim. Contact us today to schedule a free consultation with our compassionate construction accident attorneys in Chicago. 

Wrongful Death Settlements & Verdicts Recovered by Our Law Firm in Chicago

$12,300,000: Joseph, a union plumber, was fatally crushed while unloading a flatbed truck in Palos Heights. We secured a fair settlement for his surviving family members by showing that the general contractor had failed to follow safety regulations. 

$11,750,000: Carlos, a roofer, fell to his death while working on a Lincoln Park condominium. We secured a settlement for his family by proving that unsafe working conditions contributed to his death. 

$5,000,000: We recovered full compensation for the loved ones of Angelo, who fell from scaffolding while performing masonry work on a Rockford home. It was demonstrated that the construction site manager had not followed standard guidelines about scaffolding weight limits. 

Why Choose IL Work Injury Lawyer

Our caring attorneys have a 98% success rate for wrongful death claims and have secured over $450 million for over 5,000 clients. As a member of the Million Dollar Advocates Forum, we’re committed to holding responsible parties accountable while securing high compensation for surviving spouses and family members. Contact us today to explore your legal options with a compassionate attorney.

What Are the Most Common Causes of Fatal Construction Accidents in Illinois?

The construction industry is one of the most dangerous occupations in the United States due to heavy machinery, hectic working conditions, and physical demands. Common causes of construction site accidents include:

• Falls from heights like scaffolds, ladders, or roofs
• Struck-by accidents, such as falling steel beams or vehicles
• Electrocution
• Crane, aerial lift, forklift, and hoist accidents
• Trench collapses
• Explosions and fires
• Caught in/between accidents
• Occupational diseases like mesothelioma
• Inadequate hazard communication

What Financial Support Can Families Recover?

Family members of fatally injured workers can receive death benefits through workers’ compensation. This system will offer compensation for medical expenses before death and lost wages for up to $500,000 or 25 years, whichever is longer. Workers’ comp can also provide up to $5,000 for burial expenses and funeral costs (820 ILCS 305/). 

A wrongful death claim will also cover medical bills, funeral expenses, and lost income, as well as non-economic damages like emotional distress, grief, and loss of companionship. You can file a survival action to seek compensation for the deceased’s pain and suffering prior to their passing. 

As per the court case Lebron v. Gottlieb Memorial Hospital, there is no cap on non-economic damages. If your case goes to trial, a jury may also award punitive damages, meant to punish the defendant and prevent recurrences. 

What Is the Average Fatal Construction Accident Payout in Illinois?

The average payout for a construction accident is $17,447,800, with a range between $1,150,000 and $75,200,000. Your payout will depend on factors like the victim’s age and income, number of dependents, liability and evidence, and employer safety violations. 

Example Cases Filed in Cook County

Lewis Lingafelter Jr. was performing road maintenance and checking reflectors on Interstate 294 in Proviso Townshipwhen a tractor-trailer struck him. The driver and his employer were found to be 100% at fault, and Lingafelter’s widow received $22,520,000.00. 

Francesco Colella, a construction worker, was struck and killed by a dump truck while working on a city water project on Chicago’s south side. His spouse sued for medical expenses and funeral expenses, receiving a verdict of $9,264,600.00. 

Why You Need an Illinois Fatal Construction Site Accident Lawyer

Fatal occupational accidents can be challenging, as families may choose to pursue both workers’ compensation and a wrongful death lawsuit. Employers are immune from lawsuits due to workers’ comp, and third-party lawsuits require proving negligence. Our law firm will determine liability, perform a thorough investigation, and ensure you receive full benefits. 

How Common Are Fatal Construction Accidents in Illinois?

Nationwide, the Bureau of Labor Statistics reports that 1,075 construction workers died in 2023. The two most common causes were falls (39.2% of deaths) and transportation crashes (22.3%).

Since the beginning of 2024, OSHA’s Chicago regional office construction accident statistics revealed 22 construction worker deaths, many due to falling from a height or being hit by a vehicle. 

Where Do Fatal Construction Accidents Occur Most Often in Illinois?

Common sites for construction site injuries with fatal outcomes include:

• Commercial construction projects in Chicago
• Highway and bridge projects along the I-55 and I-90/94 corridors
• Industrial facilities in Rockford, Peoria, and Pullman
• Residential developments in Oak Park, St. Charles, and Crystal Lake
• Rail and infrastructure projects in McLean County and Iroquois County
• Demolition projects in Champaign, Lake Forest, or East St. Louis
• Historical renovation work in Wilmette, Palatine, or Buffalo Grove

What Laws Govern Injury Claims in Illinois?

The Illinois Workers’ Compensation Act is a no-fault system that allows families to receive death benefits (820 ILCS 305). You must prove that the deceased was hurt at work and their passing was directly connected to their occupation. 

However, the system does not cover all construction workers, and other parties like property owners and equipment manufacturers may be liable. In these cases, loved ones can use the Wrongful Death Act to pursue a settlement (740 ILCS 180/). 

A civil case requires proving negligence, such as property owners failing to enforce OSHA construction standards or manufacturers producing defective machinery. 

How Long Do Families Have to Take Legal Action in Illinois?

Workers’ comp has a statute of limitations of three years after death (820 ILCS 305/6), while a personal injury claim must be made within two years of the injury (735 ILCS 5/13-202). 

Who Can Be Liable for Construction Fatalities?

Potentially liable parties can include:

• Employers, if pursuing workers’ comp
• General contractors and subcontractors
• Equipment and tool manufacturers
• Property owners or managers
• Third-party drivers in car, truck, or vehicle crashes

Common Defenses in Illinois Fatal Injury Cases

Insurance companies will do everything possible to diminish their liability. In many cases, they will use the following defenses, which we will counter using strong evidence and legal assertions.

Deceased Was Not An Employee: Only employees are eligible for workers’ comp. As such, insurers will argue that the deceased was an independent contractor and not an employee. We will review employment records and job duties to dismiss this argument.

Worker Was Intoxicated: This common argument insists that the worker caused the incident by using illicit substances, alcohol, or marijuana while working. Toxicology reports, coroner’s testimony, and witness statements can prove that the deceased was in a clear state of mind.

Scope of Duties: Employers and insurers may state that the deceased was acting outside of the scope of their employment, meaning that they were not engaged in job-related duties at the time. This would make their families ineligible for benefits from workers’ comp. However, job site records, surveillance footage, and witness testimony will show otherwise.

Causation: Insurance companies will review the deceased’s medical history to uncover potential preexisting conditions that would have led to the fatal accident. For example, if the employee had a heart condition or diabetes, they may state that this was the primary cause of death. Expert testimony from safety professionals or doctors can dispute this claim. 

How Families Can Strengthen Fatal Accident Claims in Illinois

Prompt action can significantly affect whether you receive a fair settlement. Follow these steps as soon as possible to ensure you have the best chance of securing compensation.

• Gather accident reports, OSHA investigation findings, employment records, coroner reports, and witness statements.
• Preserve safety inspection records and equipment logs.
• Do not speak to insurers, employers, or other third parties without an attorney present.
• Contact our accident lawyers to protect evidence and meet filing deadlines. 

How an Illinois Fatal Construction Accident Lawyer Can Help

Lawsuits can be challenging even without mourning a loved one. Our compassionate attorneys are here to guide you and your family through every element of your case, prioritizing your healing and recovery. We can assist with the following tasks:

• Investigating the incident, including what unsafe work practices or environmental factors may have contributed to the accident.
• Preserving evidence at the construction site, such as equipment, safety barriers, fallen objects, or ground conditions.
• Reviewing company records to identify any previous violations or citations.
• Consulting with construction site safety experts, medical professionals, and witnesses who can provide their impartial observations.
• Coordinating workers’ comp and third-party liability claims to meet all applicable deadlines.
• Aggressively negotiating with insurers and other parties to secure a fair settlement.
• If necessary, we will file a case with the correct court system and represent you in court. 

FAQs

Who can file a construction accident wrongful death claim?

The next of kin or personal representative can pursue a wrongful death lawsuit. This can include parents, children, spouses, or siblings. 

How much does it cost to hire a fatal construction accident lawyer?

We work on a contingency fee basis, so you owe us nothing unless we win.

Can I file both a workers’ comp claim and a wrongful death lawsuit?

It is sometimes possible to pursue both types of claims. However, you cannot sue the employer while also receiving workers’ comp, as it is meant to be the primary means of redress for injured laborers. You can sue a third party, such as a property management company or tool manufacturer, if their negligence contributed to the fatal injuries. 

What if OSHA finds safety violations—does that help my case?

Yes, this will support your case by demonstrating unsafe conditions at the job site. We will review all OSHA construction violation reports and leverage them during negotiations. 

How long does a construction-related fatal accident claims take to resolve?

These claims take 12-24 months to resolve on average, but more complicated cases, such as those involving multiple liable parties, may take longer.

What are the fatal four construction accidents?

According to the Occupational Safety and Health Administration, the top four construction hazards are falls, struck-by accidents, caught-in/between accidents, and electrocution.

What is the most cited OSHA violation in construction?

The most cited OSHA violation is fall protection, general requirements (29 CFR 1926.501). 

Which construction workers are most at-risk of fatality?

According to BLS statistics, roofers are at the highest risk of death, followed by steelworkers. 

What if the worker was undocumented?

Undocumented workers still have legal grounds to sue. A civil case will not impact your documentation status or result in an immigration hearing. Contact us today so that we can protect your legal rights throughout the process. 

Consult an Illinois Fatal Construction Accident Lawyer Near You!

Losing a loved one is devastating, especially when it was due to another party’s negligence. Our award-winning work injury attorneys fight for the rights of workers and their families throughout Illinois, ensuring that irresponsible companies and individuals pay their fair share. We work on a contingency fee basis, meaning that you owe us nothing unless we successfully secure a settlement or verdict. Contact us today to schedule your free legal consultation with our skilled attorneys.