Chicago Construction Accident Lawyer

Although construction happens throughout the year in Chicago, spring is the unofficial kickoff to the construction season. There are major projects slated for the Bishop Ford Freeway, Interstate 80, and along Route 53 and Interstate 555. Add in the ongoing new stadium being built at the South Loop and all the other projects, and it’s clear Chicago is not done building.

Another harsh reality about construction work is that it is among the most dangerous occupations in the country. When a construction worker is injured on the job, they can file a workers’ compensation claim. However, there is no guarantee that a workers’ compensation claim will be approved. There are also accidents involving third-party vendors in which workers’ compensation would not apply.

If you’ve been involved in any kind of construction accident, you need to understand all your options for receiving compensation. That’s when the team at the Thomas Law Offices can help. We’re a team of experienced Chicago construction accident lawyers with extensive knowledge of all applicable laws. We’ve helped many Chicago workers get the compensation they are due.

The best approach to filing a personal injury claim arising from a construction accident is to understand the potential challenges and how to prevail.

It is extremely rare that a construction project has a single contractor. There are often multiple general contractors, subcontractors, and host employers that might all be liable for safety violations. The Occupational Safety and Health Administration (OSHA) has designated employer categories that will help you and your attorney determine who needs to be held accountable.

Creating Employer: This is the construction project party that caused the hazardous condition that led to the accident. They can be cited even if their own employees are not exposed, but other workers are injured.

Exposing Employer: This is an employer whose direct employees are exposed to the dangerous condition. They are obligated to protect their workers by either correcting the hazard themselves or requesting that the controlling or creating employer make the repairs.

Correcting Employer: This is an employer who is responsible for installing or maintaining safety equipment. For example, this can be a subcontractor who is responsible for erecting scaffolding or guardrails at the construction site.

Controlling Employer: Typically, the controlling employer is considered the General Contractor (GC) or Construction Manager. They have the authority and the power to correct hazards. They can also direct others to make the repairs. They’re also obligated to undergo periodic job site inspections and to enforce safety programs.

Untangling who is responsible for the conditions that led to the injury-causing accident is a task that Thomas Law Offices attorneys are capable of carrying out. Once we understand who is responsible, we’ll be able to zero in on the scope of your settlement priorities.

  • Auto Accident Negligence
  • Birth Injury
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  • Workers' Compensation
  • Wrongful Death

Third-Party Claims Beyond Workers’ Compensation Benefits

Workers’ compensation is a no-fault insurance program for injured workers. That means you can file a claim regardless of who caused the accident. However, with an accident that was caused by someone other than your employer, you can file a third-party civil claim.

That can be filed alongside your workers’ compensation claim.

You have to keep in mind that you can’t be paid twice for the same injury. However, a third-party claim can fill gaps in a workers’ compensation claim. For instance, workers’ compensation only covers a percentage of your lost wages. Your third-party claim can provide the balance.

A third-party claim can also provide compensation for the physical and emotional trauma caused by the injury. That includes loss of consortium due to the impact the injury has on your relationship with your spouse.

If the incident that caused your injury happened because of egregious recklessness or intentional harm, you can seek punitive damages through a civil lawsuit.

Common Construction Project Accidents

According to the most recent data collected by the U.S. Bureau of Labor Statistics, the number of work-related fatalities in Illinois went up 7.6%. That represents 2.7 fatalities per 100,000 workers. When filing an injury claim, you need to detail the specifics of your injury and how it occurred.

Here are the most common types of construction project accidents. Which one will be part of your claim?

  • Falls
  • Struck by Objects
  • Electrical Accidents
  • Caught-in or Between Accidents
  • Scaffold Collapses
  • Machinery Accidents
  • Hazardous Material Exposure
  • Fire and Explosions
  • Strains and Overexertion
  • Lack of Proper Safety Training

A construction accident can cause lacerations and fractures. In severe accidents, there can be a traumatic brain injury or spinal cord injury. Either one of these injuries can lead to significant financial burdens due to the need for ongoing care.

Why Construction Accidents Lead to Complex Claims

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Impact of Fatal Construction Accidents on Illinois Families

When a worker loses their life as a result of a construction accident, it can have a devastating impact on the surviving family members. Beyond the initial shock and emotional devastation of losing a loved one, there are the practical aspects of dealing with the huge financial burdens that have suddenly been placed on the family.

In addition to funeral expenses, the family will also have to deal with probate costs as the estate is settled. There can also be an impact on future planning for a child’s education or retirement.

Depending on the circumstances surrounding the incident, the surviving family may be entitled to file a wrongful death claim. That claim can be made against at-fault contractors, property owners, or equipment manufacturers. That claim can help provide a family with financial stability.

FAQs About Construction Accident Claims

Yes, if the property owner retained control over the safety of the work site or was negligent in hiring a contractor, they may be held liable through a third-party claim. This is separate from workers’ compensation and allows for the recovery of full compensatory damages.

General contractors in Chicago are often responsible for maintaining a safe overall site environment. If they failed to enforce OSHA standards or overlooked a subcontractor’s safety violations, they can be named as a defendant in a negligence lawsuit.

Union members have unique benefit structures, including specific pension and disability protections. A skilled lawyer must calculate the loss of these specific fringe benefits, not just base wages, to ensure a settlement covers the true lifetime cost of the injury.

Yes. Illinois follows a modified comparative negligence rule, which means you may still recover compensation if you were less than 50% responsible for the accident. Keep in mind that your final settlement will be reduced by the percentage of fault assigned to you.

Your medical records will verify the extent of your injury. However, you need more evidence to support your claim. That can include photographs of the accident scene, incident reports, witness statements, OSHA investigation findings, and employment records, all of which can help support your claim.

Yes. If defective machinery, tools, safety equipment, or construction materials contributed to the accident, the manufacturer, distributor, or another party in the supply chain may be held responsible through a product liability claim.

Meet Our Attorneys

  • Mike Campbell
  • Eric Kiser
  • Alex Cassell
  • Cameryn Gonnella
  • Lindsy Lopez

Our Chicago Construction Accident Lawyer Fights for Injury Victims

Construction work is physically demanding. It is also inherently dangerous. When a serious injury prevents you from returning to the same type of work, the financial impact can extend far beyond your immediate medical bills and lost wages.

That’s why you need to seek a remedy through a workers’ compensation claim and/or a third-party claim. To prevail in those claims, you need to make sure you’re meeting the filing deadlines and providing evidence to support what happened and who should be held accountable.

The construction accident attorneys at the Thomas Law Offices have helped many construction workers and their families recover from immense financial losses.

We work with a network of medical professionals, vocational experts, and financial experts to assess the long-term consequences of catastrophic injuries. Once that assessment is complete, we’ll have a thorough understanding of what should be included in any settlement offer. That is when we start the negotiations.

Best of all, you won’t have to get into any time-consuming and frustrating conversations with an insurance adjuster. We’ll take over all communications so you can focus on your recovery. We want to get these matters resolved fast.

That’s the only way to remove uncertainty and allow you to get your life back on track.

If you or a loved one has been injured in a construction accident, the experienced team at Thomas Law Offices is ready to help.

Contact us today for a free case evaluation to discuss your legal options and learn how we can fight for the maximum compensation available under Illinois law.

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