Chicago Construction Accident Lawyers

If you are injured in a construction accident, we can help you deal with the insurance company, file a claim, and get the compensation you deserve. Construction workers and visitors injured while on-site visiting a construction site may be able to file a claim for a construction injury. The outcome of a construction mishap can encompass injuries that prevent the injured from making a living to wrongful death.

In 2022, the construction industry saw 1,069 worker fatalities nationwide, the highest of any industry sector. With a fatality rate of 9.6 per 100,000 full-time workers, construction remains one of the most dangerous professions. Our firm is dedicated to helping injured workers and their families obtain the compensation they deserve, while also working to improve safety in the construction industry.

OSHA’s ‘Fatal Four’ Construction Hazards in Chicago

The Occupational Safety and Health Administration (OSHA) identifies four hazards responsible for over 60% of construction deaths. Our firm has extensive experience litigating these specific ‘Fatal Four’ cases in Cook County courts:”

• Falls (33% of deaths): From unsecure scaffolding, ladders, or open elevator shafts.
• Struck-By Objects: Falling tools, debris, or swinging crane loads.
• Electrocutions: Contact with overhead power lines or exposed wiring.
• Caught-In/Between: Trench collapses or being pinned by heavy machinery like bobcats or excavators.

With the intense conditions often connected to construction sites – such as great heights and powerful machinery – workers’ injuries can be particularly severe, sometimes causing lifelong effects. Common types of accidents and injuries that happen at work sites include the following:

• Caught in/under/between: Equipment or building materials can cause one or more body parts to become stuck, pinched, crushed, or squeezed.
• Falls from heights: A worker falls off a ladder, scaffold, roof, or other elevated surface.
• Same-level fall: A slip, trip, or stumble and fall onto a non-elevated surface causes injuries.
• Struck by/against: A worker or one of his or her body parts collides with a piece of equipment or machinery, or he or she is struck by a flying or moving object. Additionally, severe noise can strike or impact the eardrums of a worker.
• Motor vehicle accidents: Traffic accidents can be caused by debris or activity at a construction site.
• Other musculoskeletal injuries: Workers can sustain injuries to the legs, knees, ankles, feet, back, neck, or arms due to overexertion, kneeling, squatting, lifting, overextension, awkward postures, hand pinching, gripping, vibration, or exposure to other repetitive motions.

Why Choose Blumenshine Law Group for Your Construction Accident Case?

When you’re dealing with the aftermath of a construction accident, you need a law firm that understands the complexities of these cases and has a proven track record of success. Here’s why Blumenshine Law Group should be your choice:

Specialized Expertise: Our team has extensive experience in handling construction accident cases. We understand the unique challenges and regulations specific to the construction industry in Chicago and Illinois.

Proven Results: We have secured millions of dollars in settlements and verdicts for our clients involved in construction injury accidents. Our success stories include a $5,000,000 settlement for a worker who suffered a hand amputation in a factory incident.

Personalized Attention: At Blumenshine Law Group, you’re not just another case number. We provide individualized attention to each client, ensuring that your specific needs and circumstances are fully addressed.

Protecting your rights by conducting a thorough investigation

Working alongside specialists, investigative authorities, and the Occupational Safety and Health Administration (OSHA), a construction accident lawyer can carefully examine the accident scene and take necessary legal measures to preserve evidence. We can investigate your case to determine whether negligence contributed to your construction injury.

Workers’ Comp vs. Third-Party Lawsuits: How We Maximize Your Payout

Many Chicago construction workers believe their only option is a Workers’ Compensation claim, which only pays for medical bills and a fraction of lost wages. This is a mistake that costs victims millions.

Under Illinois law, you typically cannot sue your direct employer. However, construction sites are complex hubs with dozens of subcontractors. If your injury was caused by a different company—such as a negligent general contractor, a separate electrical sub, or a scaffold manufacturer—you can file a Third-Party Liability Lawsuit.

Unlike Workers’ Comp, a third-party claim allows you to recover 100% of your lost wages (past and future), plus damages for pain and suffering and loss of normal life. We investigate every angle to identify these liable third parties.

What Are Specific Injuries Related to Construction Work?

Construction work involves various hazards that can result in a range of injuries. Here are some of the most common specific injuries related to construction work:

Traumatic Brain Injuries (TBI)
TBIs can occur due to falls from heights or being struck by falling objects. These injuries can range from mild concussions to severe, life-altering brain damage.

Spinal Cord Injuries
Falls, trench collapses, or being struck by heavy objects can cause spinal cord damage, potentially resulting in partial or complete paralysis.

Fractures and Broken Bones
Construction workers are at high risk for fractures, particularly in the arms, legs, and ribs, due to falls, machinery accidents, or being struck by objects.

Burns
Chemical exposure, electrical accidents, and fires or explosions can cause severe burns, potentially leading to long-term disabilities and disfigurement.

Respiratory Diseases
Exposure to toxic substances, dust, and fumes can lead to chronic respiratory conditions such as asbestosis, silicosis, or occupational asthma.

Hearing Loss
Prolonged exposure to loud machinery and construction noise can result in permanent hearing damage or loss.

Eye Injuries
Flying debris, chemical splashes, or welding accidents can cause eye injuries ranging from minor irritations to complete vision loss.

Musculoskeletal Disorders (MSDs)
Repetitive motions, heavy lifting, and awkward postures can lead to chronic conditions affecting muscles, tendons, and nerves, such as carpal tunnel syndrome or lower back pain.

Amputations
Severe accidents involving machinery, power tools, or crushing injuries can result in the loss of fingers, toes, or limbs.

Heat-Related Illnesses
Working in extreme temperatures can lead to heat exhaustion, heat stroke, or other heat-related conditions that can be life-threatening.

Cuts and Lacerations
Exposed nails, sharp tools, and machinery can cause deep cuts or lacerations, which may lead to infections or permanent scarring.

By understanding these specific injuries, construction workers and employers can better focus their safety efforts on prevention and mitigation strategies. Implementing proper safety protocols, providing adequate personal protective equipment, and ensuring thorough training can significantly reduce the risk of these injuries on construction sites.

Legal Rights of Construction Workers That Have Been Injured

Construction workers injured on the job have several important legal rights to protect their health, safety, and financial well-being. Understanding these rights is crucial for ensuring proper compensation and care following a workplace accident.

Workers’ Compensation Benefits

Injured construction workers are generally entitled to workers’ compensation benefits, regardless of who was at fault for the accident. These benefits typically cover:

• Medical expenses related to the injury
• A portion of lost wages during recovery
• Disability benefits for temporary or permanent disabilities
• Vocational rehabilitation, if needed

Third-Party Liability Claims

In addition to workers’ compensation, injured workers may have the right to file a third-party liability claim if someone other than their employer contributed to the accident. This could include:

• General contractors
• Subcontractors
• Property owners
• Equipment manufacturers

Such claims can potentially provide additional compensation beyond what workers’ compensation offers, including full lost wages and damages for pain and suffering.

Right to a Safe Workplace

Construction workers have the legal right to a safe work environment. This includes:

• Proper safety equipment and training
• Regular safety inspections
• Protection from retaliation for reporting safety violations

Workers can file complaints with the Occupational Safety and Health Administration (OSHA) if these rights are violated.

Right to Medical Treatment

Injured workers can receive necessary medical treatment for their work-related injuries. While they may need to see approved providers under workers’ compensation, they have the right to receive appropriate care.

Protection Against Discrimination

It is illegal for employers to discriminate against workers who file workers’ compensation claims or report safety violations. This includes protection against wrongful termination, demotion, or other forms of retaliation.

Right to Legal Representation

Injured construction workers have the right to hire an attorney to represent them in workers’ compensation claims or third-party lawsuits. Legal representation can be crucial in navigating complex cases and ensuring workers receive fair compensation.

Time Limitations

It’s important to note that there are time limits for exercising these rights. In New York, for example, workers must report injuries to their employer within 30 days and typically have two years to file a workers’ compensation claim.

Understanding and exercising these legal rights can significantly influence the recovery and financial security of an injured construction worker. If you’ve been injured on a construction site, it’s wise to consult with an experienced construction accident attorney. They can help protect your rights and guide you through every step of the legal process.

Steps to Take After a Construction Accident

Whether you were injured on a high-rise project in the Loop, a renovation in Lincoln Park, or a major infrastructure project like the Kennedy Expressway reconstruction, specific site safety protocols apply. We are familiar with the unique logistical challenges of Chicago job sites.

Construction accidents can be severe and life-altering. Taking the proper steps immediately after an accident is crucial for your health, safety, and potential legal claims. Here are the essential steps to follow:

1. Seek Immediate Medical Attention

Your health is the top priority. Even if injuries seem minor, seek medical care promptly. Some injuries, like head trauma or internal bleeding, may not be immediately apparent. Prompt medical attention ensures:

• Proper treatment of injuries
• Documentation of your condition for potential claims
• Establishment of a clear link between the accident and your injuries

2. Report the Accident

Inform your supervisor or site manager about the incident as soon as possible. This step is crucial because:

• It creates an official record of the accident
• It may be required for workers’ compensation claims
• It allows the employer to address safety concerns

Ensure you get a copy of the accident report for your records.

3. Document the Scene

If you’re able, or ask a coworker to help:

• Take photos and videos of the accident site, including any equipment involved
• Gather contact information from witnesses
• Make notes about the conditions and circumstances of the accident

This evidence can be invaluable for any future legal proceedings.

4. Preserve Evidence

Keep all items related to the accident, including:

• Damaged clothing or equipment
• Medical records and bills
• Communication with your employer or insurance companies

5. Consult with an Attorney

Contact an experienced construction injury accident attorney as soon as possible. They can:

• Advise you on your rights and legal options
• Help navigate workers’ compensation claims
• Investigate potential third-party liability claims
• Ensure you don’t miss important deadlines for filing claims

6. File Necessary Claims

Depending on your situation, you may need to:

• File a workers’ compensation claim
• Consider a third-party liability claim if applicable

Your attorney can guide you through this process and ensure all paperwork is filed correctly and on time.

7. Follow Your Treatment Plan

Adhere to your doctor’s recommendations and treatment plan. This is crucial for your recovery and can also impact your legal case. Failing to follow medical advice could be used against you in a claim.

8. Keep Detailed Records

Maintain a file with all accident-related documents, including:

• Medical records and bills
• Correspondence with your employer and insurance companies
• Pay stubs showing lost wages
• Any expenses related to your injury

9. Be Cautious with Communications

Be careful about what you say about your accident to insurance adjusters or on social media. Consult with your attorney before giving any statements or signing any documents.

Following these steps protects your health, rights, and potential for fair compensation after a construction accident. Remember, each situation is unique, so consulting with a legal professional for personalized advice is crucial.

Do you have a case?

As we examine the details of your case, our construction attorneys consult with OSHA experts, mechanical design and equipment experts, and life care and vocational authorities, all of whom can give us a clear, full picture of the accident and your injury.

As we answer the following questions, we can develop an effective plan to help you obtain your rightful compensation.

• What caused the accident? Was it preventable? Did negligence play a part?
• Were unsafe plans, procedures, tools, equipment, or other products involved?
• What costs have you already incurred due to your injury?
• What further costs can be expected over time?
• Is there any long-term disability, and if so, how is it likely to affect your quality of life and your ability to continue working?
• Were any OSHA violations present?

One effective way OSHA protects construction workers is by regulating work conditions. When work conditions are unsafe, they often involve one or more violations of OSHA safety codes. If violations are discovered, it may factor into your eligibility for compensation.

Sometimes, workers’ compensation is not enough

The coverage you can get through workers’ compensation benefits has limits. For example, you cannot receive compensation for pain and suffering. However, workers’ compensation can often cover the real costs of your injury. The only way you can be sure to obtain the maximum compensation possible is with the help of an experienced and knowledgeable construction accident attorney.

Our Construction Accident Attorneys are here for you

The attorneys at our construction accident law firm are strong advocates for employee rights. If you are a construction worker who suffered an injury because you were not adequately protected at work, we are prepared to fight on your behalf.

Call or text the Blumenshine Law Group today at (312) 766-1000 or email [email protected] for a free consultation about construction accident representation. We serve clients in Chicago and throughout Illinois.

Construction Site Injury FAQs

Can I sue if I am already receiving workers’ compensation?

Yes. While Illinois law typically prevents you from suing your direct employer for a workplace injury, you often have the right to file a Third-Party Liability Lawsuit against other negligent parties. This could include a general contractor, a different subcontractor, a property owner, or an equipment manufacturer. Unlike workers’ compensation, a third-party lawsuit allows you to recover damages for pain and suffering and 100% of your lost wages.

What is the statute of limitations for construction injury cases in Illinois?

For most personal injury lawsuits, Illinois law (735 ILCS 5/13-202) grants you two years from the date of the accident to file a claim. However, strict exceptions apply. If your injury occurred on government property or involved a government entity (like the City of Chicago, CTA, or IDOT), the statute of limitations is often reduced to just one year (745 ILCS 10/8-101). Because these deadlines are rigid, we recommend contacting an attorney immediately to preserve your rights.

Who is liable for a construction site accident?

Liability on a construction site is rarely limited to just one person. Responsibility often extends to:

Manufacturers of defective tools, scaffolding, or heavy machinery. We investigate the entire chain of command to identify every party whose negligence contributed to your injury.

General Contractors who failed to enforce safety protocols.

Property Owners who knew of dangerous conditions.

Architects or Engineers responsible for unsafe designs.

What are the “Fatal Four” construction hazards?

The Occupational Safety and Health Administration (OSHA) has identified four hazards that are responsible for more than half of all construction worker deaths. These are known as the “Fatal Four”:

1. Falls (e.g., from scaffolding, ladders, or roofs).
2. Struck-by Object (e.g., swinging crane loads or falling debris).
3. Electrocutions (e.g., contact with power lines or exposed wiring).
4. Caught-in/between (e.g., trench collapses or being pinned by equipment). Our firm specializes in litigating these specific high-risk cases in Cook County courts.

Construction Accident Resources

OSHA Regulations for Construction Sites

For detailed information on safety standards and regulations in the construction industry, visit the official OSHA Construction Industry page:
OSHA Construction Industry Regulations

Illinois Workers’ Compensation Information

To learn more about workers’ compensation in Illinois, including your rights and the claims process, visit the Illinois Workers’ Compensation Commission website:
Illinois Workers’ Compensation Commission

For a comprehensive guide on navigating the Illinois workers’ compensation system, check out:
Illinois Workers’ Compensation Guide

What to Do After a Construction Accident

Download our checklist of important steps to take following a construction accident:
Construction Accident Checklist (PDF)

This checklist includes the following key steps:

1. Ensure safety: Move to a safe area away from hazards.
2. Call for help: Notify emergency services immediately.
3. Document the scene: Take photos of injuries and the accident site.
4. Collect information: Gather names and contact info of witnesses.
5. Report the incident: Notify your employer and complete an incident report.
6. Seek medical attention: Get checked out, even for minor injuries.
7. Contact a construction accident attorney: Understand your rights and options.

Please note that these resources are provided for informational purposes only. For personalized legal advice, please contact Blumenshine Law Group to schedule a complimentary consultation.

City Specific Attorneys

Construction Accident Attorney in Berwyn

Construction Accident Attorney in Mount Prospect

Arlington Heights Construction Accident Attorney