Chicago Scaffolding Accident Lawyer

Fighting for Maximum Compensation in Illinois Scaffolding Accident Cases

A Chicago scaffolding accident lawyer is crucial to pursuing personal injury lawsuits or workers’ compensation claims, as companies and insurance carriers may do everything possible to avoid liability. If you were hurt by a scaffolding collapse in Andersonville, Ravenswood, the Gold Coast, or another neighborhood in Chicago, our team is here to help. Contact us today to schedule your free consultation with an experienced construction accident attorney in Chicago.

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

$2,150,000: Miguel, a tuckpointer, suffered a torn rotator cuff in his dominant shoulder from fall injuries in a River North scaffolding accident. We recovered compensation to replace his lost wages after being forced to change professions.

$400,000: Anthony was fixing masonry during a Greektown apartment renovation when he fell from the scaffolding, fracturing his leg. While his construction workers’ compensation claim covered medical expenses and lost wages, the general contractor paid for his non-economic damages through a personal injury claim.

Why Choose IL Work Injury Lawyer

Our Chicago scaffolding accident lawyers are proud members of the American Association for Justice and the Illinois Trial Lawyers Association. For nearly 25 years, we have worked tirelessly to protect injured workers, obtaining over $450 million in successful settlements and verdicts for thousands of clients. We are renowned for our thorough investigations, continued legal scholarship in the National Law Review, and our Super Lawyers distinction.

What Are the Most Common Causes of Scaffolding Accidents in Illinois?

The Occupational Safety and Health Administration tightly regulates the construction industry, issuing standards meant to prevent construction accidents. Unfortunately, many construction companies fail to adhere to these standards, leading to tragic scaffolding accidents. 

These are some of the most common causes of accidents at Chicago construction sites, including violations of OSHA standards for the construction industry.

• Overloading platforms (1926.451(a)(1))
• Lacking guardrails (1926.451(b)(1)) 
• Inadequate fall protection during assembly or dismantling (1926.451(g)(2))
• Working during high winds or storms (1926.451(f)(12))
• Defective scaffolding (1926.451(f)(3))
• Failure to repair scaffolding equipment (1926.451(f)(4))

What Are the Most Common Injuries in Illinois Scaffolding Accidents?

Most scaffolding accidents result in more serious injuries than other fall injuries because of the significant heights involved. Common severe injuries in construction include:

• Traumatic brain injuries and concussions
• Spinal cord injuries and paralysis
• Fractures and broken bones
• Internal bleeding and organ damage
• Crush injuries from falling equipment
• Wrongful death

What Damages Can Scaffolding Injury Victims Recover in Illinois?

Injured employees can make a workers’ compensation claim. These claims are intended to cover all medical expenses, physical rehabilitation, and a portion of lost wages up to the statutory cap. There are four types of workers’ compensation claims depending on whether you can return to work.

• Partial Temporary Disability: Injured workers who can return to light duty can recover the difference between their previous and current income. 
• Total Temporary Disability: If you have more severe injuries but are expected to regain functionality, you can seek compensation for your lost income up to the statutory cap.
• Partial Permanent Disability: These benefits cover injured workers who cannot return to their previous employment due to their injuries and will make up the difference between previous and current wages.
• Total Permanent Disability: Those who can’t return to work at all can receive ongoing benefits that cover future medical care and lost income.

In fatal construction accidents, a deceased employee’s family can receive death benefits for 25 years or up to $500,000, whichever is larger. 

Not all workers are eligible for workers’ compensation benefits. In these cases, you can pursue compensation through third-party lawsuits. Damages for personal injury lawsuits can include:

• Full lost income beyond workers’ comp limits
• Medical bills
• Pain and suffering
• Loss of enjoyment of life
• Funeral and burial expenses for wrongful death
• Punitive damages for gross negligence

What Is the Average Scaffolding Accident Payout in Illinois?

There is no single average payout that applies to every scaffolding accident claim. Settlement values depend on injury severity, permanency of disability, liability evidence, medical expenses, lost income, and whether you are pursuing workers’ compensation benefits or a third-party personal injury claim.

Example Scaffolding Accident Cases Filed in Cook County

Carlos Gomez, a plumber, was working on a project at the Trump Tower on Wabash Avenue in Chicago when the wooden platform beneath him broke. He plunged from the 86th floor to the 85th floor, sustaining severe injuries. The construction companies responsible settled with Gomez for $3,750,000.00. 

Anthony Grillo was working on a single-family construction when he fell off the scaffold to the ground 12 feet below. He suffered a burst fracture of his L2 vertebra, requiring fusion surgery, as well as his collarbone and three ribs. A jury awarded him $2,866,400.00. 

Why You Need Our Chicago Scaffold Accident Lawyers

An experienced Chicago scaffolding accident lawyer can be critical to pursuing your construction accident claim. Employers and insurance companies may blame construction workers, insisting that they were not following job site standards or were not working within the scope of their employment when the accident happened.

Having successfully handled over 5,000 personal injury cases, we are highly familiar with the workers’ compensation system and Illinois personal injury law. We will investigate potential OSHA violations, identify defective equipment, and identify all potentially liable parties so you have the best chance of receiving fair compensation.

How Common Are Scaffolding Construction Accidents in Illinois?

The Occupational Safety and Health Administration identifies scaffolding as an important construction safety issue and has established specific standards addressing hazards such as falls, falling objects, structural instability, and overloading.

In Chicago and throughout Illinois, construction accident statistics can help demonstrate the importance of following scaffold safety requirements and investigating serious scaffold-related injuries.

Where Do Scaffolding Accidents Occur Most Often in Illinois?

Any construction site can be deadly if scaffolds are not correctly placed. Common locations for scaffolding accidents include:

• Downtown Chicago high-rise projects
• Residential and commercial renovations in Streeterville, Wrigleyville, and Pilsen
• Industrial facilities in Calumet City, Rockford, or Peoria
• Bridge projects along the Chicago, Mississippi, Fox, Calumet, and Illinois rivers
• Infrastructure projects on I-94, I-290, I-20, or I-55

What Laws Govern Scaffolding Accident Claims in Illinois?

Our Chicago scaffolding accident lawyers can use the Illinois Workers Compensation Act to secure compensation for injured construction workers (820 ILCS 305). This is a no-fault system, so our law firm only needs to prove that the accident happened in the course of your employment.

If you are not eligible for workers’ compensation benefits or a party other than your employer was responsible, you may be able to pursue a third-party personal injury claim. Potentially responsible parties can include general contractors, subcontractors, property owners, or equipment manufacturers, depending on the facts of the case.

In most cases, our Chicago scaffolding accident lawyers must prove that the property owner was aware of hazardous conditions but failed to rectify them. However, case law like Deibert v. Bauer Bros. Const. Co., Inc. demonstrates that you can hold a company or individual responsible for a scaffolding accident if they could foresee that you would be distracted, such as by checking for construction debris.

Faulty equipment manufacturers can also be held liable under product liability laws (735 ILCS 5/2-621). It is crucial to work with a skilled Chicago scaffolding accident lawyer for these cases, as we must demonstrate that product design or manufacturing defects contributed to the accident. 

OSHA Standards & Scaffolding Safety Measures

Illinois construction companies are required to follow all OSHA safety measures (820 ILCS 219/25. OSHA’s construction standards governing scaffolds are found in 29 CFR 1926 Subpart L, which includes requirements addressing scaffold capacity, construction, fall protection, and training.

• All scaffolding equipment should be inspected and repaired at least once per shift (1926.451(f)(4)).
• Scaffolds should be able to support themselves and up to four times their intended load (1926.451(a)(1)).
• All scaffolds should have guardrails to protect workers (1926.451(b)(1)).
• Workers who are assembling or disassembling a scaffold must have personal fall protection (1926.451(g)(2)).
• No one should be atop a scaffold during high winds or storms (1926.451(f)(12)).
• Any platform higher or lower than 2 feet above an access point must have a ladder, walkway, or ramp to provide access. Crossbraces should never be climbed for any reason (1926.451(e)(1)).
• Scaffolds must never be erected near energized power lines (1926.451(f)(6)).
• Employees should be provided with fall protection (1926.451(g)). 

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

Those seeking workers’ compensation benefits have three years from the date of the scaffolding accident or two years from the last payment, whichever is later (820 ILCS 305/6(d)). Personal injury claims have a statute of limitations of just two years (735 ILCS 5/13-202). Contact our Chicago scaffolding accident attorneys as soon as possible for a free initial consultation about your options. 

Who Is Liable for Scaffolding Accidents in Illinois?

Our Chicago scaffolding accident attorneys will carefully review your case to identify all liable parties. This can include:

• Employer, for workers’ comp claims
• General contractors
• Subcontractors responsible for scaffolding assembly or safety inspections
• Scaffolding manufacturers for defective products
• Property owners in some cases

Common Defenses in Illinois Scaffolding Accident Cases

Insurance companies, construction agencies, and contractors will fight to reduce their liability and prevent you from receiving a fair settlement. Our Chicago scaffolding accident attorneys will counter their defenses with clear evidence, including the following claims.

Worker Negligence: The company may insist that you failed to implement proper safety measures, but our law firm can use evidence like safety inspections, witness statements, and surveillance footage to prove that your actions were not the primary cause of the accident.

Failure to Report Hazards: A common argument is that the worker failed to report issues like being asked to do work outside of the scope of their duties, improper training, or unsafe work conditions. Previous OSHA violations, complaints, and expert testimony can refute this.

Weather: Weather may be used as an excuse, but OSHA standards clearly state that no workers should use scaffolding during inclement weather. 

How to Strengthen Your Scaffolding Accident Claim in Illinois

Prompt action is crucial to making a scaffolding accident claim. Follow these steps as soon as possible.

• Get immediate medical treatment from the closest emergency room, like Northwestern Memorial Hospital.
• Report the accident in writing and request a copy of the report.
• Document the accident scene, including unsafe work conditions.
• Get witness statements and contact details.
• Preserve photographs, videos, medical records, safety reports, and other evidence.
• Speak to an attorney before accepting any settlement or insurance offer.

How Our Chicago Scaffolding Accident Attorneys Can Help

Our construction accident attorneys provide comprehensive service to injury victims, ensuring they have the best chance at pursuing full compensation. We can coordinate third-party and workers’ comp claims and speak to third parties on your behalf so you can focus on healing.

When you work with our award-winning attorneys, you can expect compassionate assistance with the following tasks: 

• Investigating OSHA and safety compliance
• Gathering medical records and accident reports
• Filing workers’ comp claims 
• Consulting with safety experts and witnesses
• Pursuing third-party claims for maximum compensation
• Representing you in negotiations and at trial, if necessary

FAQs

Book a Free Consultation

You must act quickly when a scaffold accident occurs by contacting an experienced law firm that will fight for you. We serve clients across Illinois, including Cook County and surrounding areas. Thanks to our contingency fee, you owe us nothing unless we win. Contact us today for a free consultation with an experienced Chicago scaffolding accident lawyer.

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.

Full Biography | LinkedIn |Avvo | Justia |Super Lawyers