The Construction Accident Lawsuit Process in Illinois

If you were hurt at a Gold Coast construction site or a Humboldt Park demolition site, you may be eligible for a construction accident lawsuit. Our top-rated construction accident lawyers will guide you through the personal injury claims process, ensuring you have the best chance at fair compensation. Contact us today for a free consultation about holding responsible parties accountable. 

Construction Accident Lawsuit Settlements & Verdicts Recovered by Our Chicago-Based Law Firm

$11,750,000: Garcia fell to his death while working on a Logan Square construction project. We demonstrated that the job site supervisor had not provided him with fall protection, securing workers’ compensation benefits for his family.

$10,500,000: Mason suffered serious electrical burns when the aerial lift he was using came into contact with an overhead power line. In this third-party lawsuit, we showed that the site supervisor had disregarded safety standards. 

$2,600,000: Construction employee John required knee surgery after a fall at a Pullman construction site. We showed that a subcontractor had not cleaned up construction debris, leading to his fall.

Why Choose IL Work Injury Lawyer

Our award-winning work injury attorneys have secured over $450 million in settlements and verdicts for 5,000 satisfied clients. With a 98% success rate and the prestigious Super Lawyers designation, we are widely considered the top construction accident attorneys in Illinois. Our team has statewide reach, supporting clients from East St. Louis to Chicago and beyond. 

What Is a Construction Accident Lawsuit in Illinois?

A construction accident lawsuit is a third-party lawsuit against a responsible party other than an employer. This could be against equipment manufacturers, building owners, construction project managers, and construction agencies, if you were not an employee of the company. 

When Does a Construction Accident Qualify for a Personal Injury Lawsuit?

Third-party claims do not sue your employer directly, as you can only seek compensation from an employer through workers’ compensation. Instead, they focus on a negligent third party, like a property owner.

To recover compensation, you must prove that the responsible party was negligent and that the construction injuries sustained were directly connected to this negligence. This could be due to unsafe work practices, faulty equipment malfunctions, or negligent behavior like driving into a construction project site. 

What Are the Most Common Hazards on Illinois Construction Sites That Lead to Lawsuits?

Construction sites are dangerous places and can result in severe injuries. The OSHA “fatal four” are the leading causes of construction accidents, but other causes, like scaffolding collapses, can also lead to these claims. 

Falls

Falls are the leading cause of death in the construction industry. The Bureau of Labor Statistics reported 865 occupational fatalities due to slips, trips, and falls in 2022. Every construction site manager has a responsibility to provide proper fall protection to all workers (1926.501). 

Struck-By Incidents

According to the Occupational Safety and Health Administration, struck-by accidents are one of the most common forms of construction accidents. OSHA requires that all construction sites provide proper falling object protection, including hard hats (1926.451(h)). 

Electrocution

Electrocution accounted for 8% of all construction fatalities in 2021, and the construction industry has some of the highest electrocution rates. All workers who may come into contact with electricity must have protective equipment, including rubber-insulated mats and gloves (1910.137). 

Collapsing Scaffolds

Scaffolds are meant to protect workers and passersby from falling objects while also allowing work at height. However, a faulty product or setup can lead to tragic accidents and wrongful death. OSHA outlines general requirements for scaffolding, including that scaffolds must be able to sustain their own weight and up to four times the expected load (1926.451). 

Equipment Failure

Transportation accidents and heavy machinery accidents are a leading cause of death in construction. OSHA guidelines require that all machinery have reflective lights and barriers, be maintained in proper working order, and have adequate clearance from overhead power lines (1926.600). 

What Types of Accidents Can Lead to a Construction Accident Lawsuit?

Construction accident statistics reveal that common accident types that lead to lawsuits include the following.

Malfunctioning Equipment: Equipment manufacturers and distributors are the most common defendants in these construction accident lawsuits. A worker who was run over, struck by, or entangled in faulty machinery may be able to sue.

Unsafe Property Conditions: Injured workers can hold construction site owners or managers accountable for hazards such as uneven terrain, equipment that makes contact with power lines, unprotected falls, and icy sidewalks. In the construction accident case Deibert v. Bauer Bros. Const. Co., Inc., the court found that owners can be liable for open and obvious hazards if they had reason to believe that workers would be distracted.

Negligent Subcontractors: Some construction accident lawsuits arise from independent, general, or subcontractors who failed to follow safety regulations. If you were hurt by negligent contractors, you may seek compensation from their company. 

Who Can Be Held Liable in a Construction Accident Case?

Potential defendants in a construction accident lawsuit include:

• Equipment manufacturers and distributors
• Property owners
• General contractors and subcontractors
• Construction companies or supervisors

It’s also possible to make third-party claims against other responsible parties, such as car drivers, trespassers, and invited guests. 

What Laws Govern Construction Accident Lawsuits in Illinois?

In Illinois, injured workers can usually not sue their employer directly, as workers’ compensation claims are considered the primary means of redress for employer negligence (820 ILCS 305/). Only construction employees are eligible for workers’ compensation claims, not independent contractors or temp workers. 

This means that if an accident occurred due to another party’s negligence, or you were not considered an employee of the responsible party, you must file third-party claims instead.

There are two primary grounds for a third-party lawsuit. The first is the Premises Liability Act, which allows you to hold property owners accountable for failing to maintain a safe environment for workers, general contractors, and other parties on their property (740 ILCS 130/). 

Manufacturers and distributors can be liable under the Illinois Product Liability Act (735 ILCS 5/2-21). This law requires manufacturers to produce safe equipment and provide proper safety instructions for its use. If manufacturing defects, flawed designs, or a lack of safety features resulted in your injuries, our construction accident attorneys can hold them liable. 

What Damages Can Construction Accident Victims Recover?

Unlike workers’ compensation benefits, there are no statutory caps on damages for construction accident cases, and you can also secure a larger array of damages. 

These damages are sorted into economic damages and non-economic damages. Economic damages compensate an injured worker for their hard expenses during recovery. This can include:

• Past, current, and future medical expenses
• Out-of-pocket medical expenses, like physical therapy
• Lost wages and loss of future income
• Property damage

Non-economic damages consider how the construction accident impacted your life, such as your ability to socialize and perform daily tasks. These damages include:

• Physical pain and suffering
• Emotional distress
• Loss of normal life

For fatal construction accident claims, surviving family members can also receive funeral and burial expenses, grief, and loss of companionship. A trial verdict may result in punitive damages, which punish the liable party for their negligence. 

How Our Construction Accident Attorneys Can Help

Our skilled construction accident law firm provides comprehensive support to injured workers throughout their lawsuit, increasing their chances of receiving workers’ compensation. We are highly familiar with the local courts, including the Circuit Court of Cook County, and have a peerless track record of trial representation. We can assist you with the following services:

• Analyzing the construction accident scene to determine cause and liability.
• Reviewing your medical records and evaluating damages, including lost wages and medical bills.
• Consulting with construction accident and occupational safety experts.
• Collecting evidence, including surveillance footage, incident reports, and prior OSHA violations or complaints.
• Negotiating with the liable party’s insurance company for a fair settlement.
• If necessary, representing you at trial to ensure a successful case.

What Is the Legal Process for a Construction Accident Lawsuit?

Construction accidents are often complicated, with complex liability and multiple parties involved. The typical process for these lawsuits includes:

• Investigation: We assess the construction accident scene, analyze prior violations, and consult with experts to understand who may be liable.
• Filing a Complaint: After we assess your damages, we will file a formal complaint with the relevant court, such as the Circuit Court of Cook County. This document will provide a narrative of events, explain the legal basis for your lawsuit, and outline what damages we seek.
• Discovery: Discovery is a crucial element of the construction accident trial process. During discovery, all parties involved in the lawsuit share information with one another so that everyone has access to the same evidence. During this time, we may also take depositions, which are recorded interviews, or interrogatories, which are written answers to questions, in order to gather more details. 
• Pretrial Hearings: In a civil case, pretrial hearings are held to decide which evidence is admissible, determine the timeline, and work toward a settlement before going to trial. Your attorney or the defense may file hearings to demand more information from the other side or to delay the trial if they need more time to prepare the case. The judge will also encourage both sides to settle before trial. 
• Settlement Talks: Many construction project lawsuits settle before trial. We will propose a settlement amount, and the liable insurance company will return with a counteroffer. If we believe this offer is fair, then you will sign a settlement agreement and receive your funds. If it is not fair, then we will proceed with a lawsuit.
• Trial Representation: At trial, we will present an opening argument, interview witnesses, present evidence, and finally conclude with closing arguments. If the jury agrees with our findings, then you will receive a verdict in your favor. If they rule for the defendant, we can appeal. 

You must act quickly to ensure that you can receive a construction accident settlement, as the statute of limitations on these cases is just two years (735 ILCS 5/13-202). Contact us immediately so that we can begin investigating and filing complaints with the appropriate court. 

Book a Free Consultation

Our award-winning construction accident law firm has a peerless track record and services injured workers across the state. We work on a contingency fee basis, meaning you owe us nothing unless we win. Whether you were hurt in a Rockford construction project or fell while conducting surveys at a Gold Coast rehab project, we can ensure you receive the highest possible workers’ compensation for your needs. Contact us today for a free consultation about your construction accident.