Construction Workers’ Compensation Claims in Illinois

Working on a construction site comes with plenty of risks in Illinois. Fortunately, if you get hurt or sick while working in this state, you can file for workers’ compensation benefits. This is a type of insurance most employers must carry to provide benefits to injured workers. Construction workers’ compensation claims provide financial compensation based on your losses. Additionally, workers’ comp in Illinois is a no-fault system.

IL Work Injury Lawyer is a Chicago-based law firm providing legal services for clients statewide. Our attorneys can guide you through the claims process to secure maximum benefits. 

What Does Workers’ Compensation Cover for Construction Injuries in Illinois?

If you get hurt while working on a construction project, you should be eligible for benefits under your employer’s workers’ comp policy. You may qualify for the following benefits:

• Lost income – Typically up to 2/3 of your wages
• Medical expenses – A portion of the medical bills associated with the injury
• Temporary disability – Wage replacement for the time spent out of work
• Permanent disability – Ongoing payments to cover the difference in lost income
• Vocational rehabilitation – Coverage for costs associated with training required to find a new job

Unlike personal injury claims, you do not have to prove negligence under Illinois law to receive these benefits. Every business in the state, with some exceptions, must pay for this insurance under state law 820 ILCS 305. 

What Are Illinois Construction Companies’ Responsibilities?

Construction companies are legally obligated to obtain workers’ comp insurance under state law 820 ILCS 305/4. Independent contractors do not qualify for workers’ comp, so it is important to understand your relationship with the contractor as an employee or independent contractor. 

What Injuries Are Covered by Illinois Workers’ Comp?

In most cases, any injury or illness that occurs over the course of your duties can make you eligible for workers’ compensation insurance coverage. On a construction site, this could include:

• Falls from heights
• Electrocution
• Chemical exposure
• Toxic substance exposure
• Equipment injuries
• Repetitive stress injuries
• Caught-between accidents
• Injuries from falling objects

Even minor accidents can lead to worker injuries that cause long-term health problems.

Does Construction Workers’ Comp Cover Independent Contractors?

There is a fine line between employees and independent contractors. Generally, independent contractors are not eligible for benefits from workers’ compensation through the employer. This can lead to coverage disputes when accidents happen on construction projects. Problems can also arise when employees or independent contractors are misclassified. 

The specific standards that define a construction employee can be found in state law 820 ILCS 305/1(b). Still, it essentially boils down to the amount of control a construction company has over the worker. If the employer has more control over setting hours and determining procedures, the worker is most likely a hired employee.

However, if the worker is able to choose their hours, complete tasks as they see fit, and work for multiple contractors at once, they are probably classified as an independent contractor. This would mean the worker is ineligible for workers’ comp.

How to File a Claim

If you want to apply for benefits because your construction employment is affected by the injuries, you must follow the appropriate process for your employer and the state of Illinois.

• Notify the employer within 45 days
• File with the IWCC within statutory deadlines under state law 820 ILCS 305/6
• Provide detailed and accurate information in your claim
• Respond quickly to claims personnel

Why Choose IL Work Injury Lawyer

Our top-rated law firm in Chicago has the experience needed to support your construction claim. We have an A+ grade from the Better Business Bureau and serve as contributing authors to the National Law Review. 

Here are some workers’ compensation settlements we have secured in the past:

• $1.8 million – Victor, a 45-year-old union laborer from Cicero, fell over 15 feet at a North Side construction site when temporary flooring gave way beneath him. The settlement provided for lifelong wage replacement and medical care, with liability tied to the general contractor’s failure to enforce fall protection standards.
• $480,000 – Luis, a residential carpenter working on a renovation in Lincoln Park, fell through an unmarked floor opening left uncovered by the general contractor. The settlement included a workers’ comp claim, with the carrier waiving its lien as part of a global resolution.

Secure Expert Legal Counsel

At IL Work Injury Lawyer, we work on a contingency fee basis, which means you pay nothing unless we win. Additionally, you can ask questions about your construction employer or claim status during a free consultation. Our firm handles workers’ comp claims in the construction industry across Illinois. 

Contact us today to schedule your free case evaluation.