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Committed to Protecting the
Rights of Injured Workers
Heavy Equipment Accident Attorney Chicago
Helping Illinois Workers Injured by Heavy Equipment Recover Maximum Compensation
In the construction industry, many projects require the use of heavy equipment in Illinois, but these large machines can pose serious risks to workers and cause severe injuries. If you get hurt on a construction site because of machinery, a heavy equipment accident attorney in Chicago from IL Work Injury Lawyer can guide you through the claims process.
Settlements & Verdicts Recovered by Our Chicago-Based Law Firm
- $3.6 million – Luis, a 35-year-old laborer from Pilsen, was crushed by a collapsed retaining wall while cleaning an excavation site near South Clark Street. He sustained severe pelvic fractures and internal injuries, requiring multiple surgeries. The collapse was linked to ignored safety recommendations following heavy rains, and numerous parties were found liable for the unsafe conditions.
- $1.67 million – Dante, a 29-year-old concrete worker from Humboldt Park, was injured when a mini-excavator shifted and pinned him while digging footings on a condo project near the Near North Side. He suffered a fractured femur and spinal compression injury, leading to restricted mobility. Poor equipment placement and inadequate oversight contributed to the incident.
Why Choose IL Work Injury Lawyer
Our top-rated construction accident law firm is uniquely positioned to support claims involving workplace injuries. We maintain an A+ grade from the Better Business Bureau and a five-star rating from AVVO.
What Types of Heavy Equipment Are Common on Illinois Construction Sites?
Construction sites throughout Illinois rely on heavy equipment and construction machinery such as:
- Excavators
- Bulldozers
- Cranes
- Forklifts and telehandlers
- Backhoes
- Skid-steer loaders
- Pavers and asphalt rollers
- Dump trucks
- Graders
- Pile drivers
What Are Common Causes of Heavy Machinery Accidents in Illinois?
Determining the cause of a heavy machinery accident on a construction site will play a crucial role in your claim:
- Inadequate operator training
- Failure to follow OSHA safety protocols
- Defective or poorly maintained equipment
- Blind spots
- Overloaded or improperly secured loads
- Contact with power lines
- Unstable work surfaces
- Lack of traffic control in road construction industry projects
What Are Common Heavy Equipment Workplace Injuries?
- Crushed limbs or torsos
- Amputations
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Fractures
- Internal organ damage
- Severe lacerations
- Disfigurement
- Fatal injuries
What Damages Can Heavy Machinery Accident Victims Recover in Illinois?
Under the Workers’ Compensation Act (820 ILCS 305), injured employees can seek compensation for medical expenses, lost wages, disability benefits, and vocational rehabilitation. Fault is irrelevant in these claims.
Workers’ compensation benefits may provide compensation for medical expenses, lost wages, disability, and vocational rehabilitation after a heavy equipment workplace injury.
A personal injury lawsuit allows victims to pursue additional losses, particularly non-economic damages like emotional distress, pain and suffering, disfigurement, and loss of normal life. State law 740 ILCS 100/ allows for the allocation of fault among multiple parties in third-party lawsuits.
Under the Wrongful Death Act (740 ILCS 180/), surviving family members can obtain burial costs, lost financial support, and loss of consortium if the victim suffered fatal injuries.
What Is the Average Heavy Equipment Accident Payout?
Numerous factors, including injury severity, disability, safety violations, equipment defects, and third-party negligence will determine your heavy equipment accident claim value.
The average payout for equipment injuries is $6.45 million, with a range of $16,000 to $67.5 million.
Why You Need an Illinois Heavy Machinery Accident Attorney
The more complex your construction industry accident, the more you need experienced heavy equipment accident attorney Chicago representing you. Many cases in the construction industry involve both workers’ comp and product liability claims, which can be confusing.
Consult our experienced heavy machinery accident attorney, which is important when determining your legal options.
Defenses may make several arguments to undermine your case:
- Worker error or misuse of machinery
- Lack of PPE use
- Injury occurred outside the scope of employment
We investigate safety violations, defective equipment, and negligent subcontractors to gather evidence to support your claim, such as accident reports, surveillance footage, and witness statements.
How Common Are Heavy Equipment Accidents?
Between 2021 and 2022, there were over 450,000 incidents involving contact with objects and equipment that resulted in days away from work.
Where Do Heavy Machinery Accidents Happen Most in Illinois?
- IDOT highway and bridge projects in Cook County
- Large-scale residential developments in the suburbs
- Chicago warehouse and intermodal freight terminals
- Industrial construction in Will and DuPage Counties
Heavy machinery accidents can occur throughout Chicago and Illinois, including construction projects and industrial sites in Cook County, Will County, and DuPage County.
OSHA Heavy Equipment Standards
1926.600 – Unattended equipment must have lights and reflectors or barriers with lights and reflectors.
1926.602 – Seat belts must be provided and worn in equipment that does not involve stand-up operation.
Violations of OSHA heavy equipment standards may be relevant when investigating whether unsafe equipment operation or conditions contributed to a construction equipment injury.
How Long Do Injured Construction Workers Have to File Injury Lawsuits and Workers’ Compensation Claims in Illinois?
Injured victims have two years from the date of their injuries to seek compensation through a construction accident lawsuit (735 ILCS 5/13-202).
Employees have either three years from the date of their injuries or two years from the last benefit payment to file construction workers’ compensation claims (820 ILCS 305/6(d)).
Who Is Liable for Heavy Equipment Accidents in Illinois?
- Employer workers’’ comp)
- Equipment manufacturer/distributor (product liability)
- Negligent subcontractors or general contractors
- Property owners
How to Strengthen Your Heavy Equipment Injury Case
Following the proper steps after your construction site accident can increase your chances of earning compensation for a heavy equipment injury:
- Get immediate medical attention
- File an incident report
- Photograph equipment
- Preserve the machine for inspection
- Obtain statements from witnesses
- Consult our top-rated injury firm
How IL Work Injury Lawyer Can Help
Our construction equipment injury attorney team can handle workers’ comp and third-party negligence claims, partner with industry experts to prove OSHA and safety violations, and negotiate aggressively for maximum compensation after a heavy equipment accident.
FAQ
What should I do after a heavy equipment accident in Chicago?
After a heavy equipment accident, seek medical attention, report the accident to your employer, and document the accident scene and equipment when possible. A heavy equipment accident attorney in Chicago can also help you understand your legal options.
When should I contact a heavy equipment accident lawyer in Chicago?
You should contact a heavy equipment accident lawyer in Chicago as soon as possible after your injury. Early legal guidance can help protect your rights, preserve important evidence, and determine whether you may have workers’ compensation or third-party claims.
Can I sue someone other than my employer after a heavy equipment accident?
Possibly. In addition to workers’ compensation, you may have a claim against a negligent third party, such as an equipment manufacturer, subcontractor, contractor, or property owner. A heavy machinery accident lawyer can review the circumstances and identify potentially responsible parties.
Can defective heavy equipment lead to a personal injury claim?
Yes. If defective design, manufacturing, or maintenance contributed to your accident, you may have a product liability claim against a responsible third party. A heavy equipment injury attorney can investigate the equipment and determine whether another party may be liable.
How much is a heavy equipment accident claim worth in Chicago?
The value of a heavy equipment accident claim depends on factors such as the severity of your injuries, medical expenses, lost income, disability, and whether third-party negligence contributed to the accident. A Chicago heavy equipment accident lawyer can evaluate the circumstances of your case.
How can a heavy equipment accident attorney help my case?
A heavy equipment accident attorney can investigate the accident, identify potentially liable parties, gather evidence, examine safety violations and equipment defects, and pursue available workers’ compensation or third-party compensation on your behalf.
Book a Free Consultation
IL Work Injury Lawyer works on a contingency fee basis, so you owe nothing unless we win. Our team can represent clients across Illinois. Contact our Chicago work injury lawyers today for a free consultation about your construction industry or heavy machinery injury claim.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Content legally reviewed by Jonathan Rosenfeld The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC. With extensive experience representing injured workers across Illinois, Mr. Rosenfeld is dedicated to helping workplace accident victims pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.