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Tinley Park Construction Accident Lawyer
Construction sites in and around Tinley Park are busy places. From the Odyssey Country Club area to the commercial corridors along I-80 and LaGrange Road, new builds and major renovation projects are a constant part of life in the southwest suburbs of Chicago. That growth is good for the local economy, but it also puts workers at serious risk every single day. If you or someone you love was hurt on a construction site near Tinley Park, you need to understand your rights under Illinois law. The attorneys at Briskman Briskman & Greenberg are here to help you every step of the way.
Table of Contents
- Construction Accidents in the Tinley Park Area: What You Need to Know
- Illinois Workers’ Compensation and Construction Workers
- Third-Party Claims: When Workers’ Comp Is Not Enough
- Illinois Premises Liability and Construction Site Safety
- What to Do After a Construction Accident in Tinley Park
- FAQs About Tinley Park Construction Accident Lawyers
Construction Accidents in the Tinley Park Area: What You Need to Know
Tinley Park sits in Cook and Will counties, right along one of the busiest transportation corridors in the state. The area sees constant construction activity, from residential developments near Oak Park Avenue to commercial projects along Harlem Avenue and US-30. All that activity comes with real danger for workers on the ground.
Over 100,000 workplace accidents occur in Illinois each year. Construction is one of the most dangerous industries in the state. From heights to heavy machinery and other hazards, construction jobs pose substantial risk. In 2023, the industry contributed to approximately one-fifth of all workplace deaths. Those numbers are sobering, and they tell a clear story: construction workers face real, life-altering risks every time they show up to a job site.
What kinds of accidents happen most often? Falls from scaffolding and ladders are common. So are injuries from falling objects, electrocutions, and workers being caught between heavy equipment. The second most common cause of workplace death in Illinois is falls, contributing to 17% of Illinois’ total workplace deaths in 2023. Falling can happen in every type of job, but the risk of death is much higher when working at higher heights, in cluttered walkways, or around uneven or slippery surfaces. The workers with the highest level of risk for falling deaths are construction workers, particularly roofers, painters, steelworkers, and framers.
If you were hurt on a construction site in Tinley Park or anywhere in the Chicago area, you may have more than one legal option available. A Chicago personal injury lawyer at Briskman Briskman & Greenberg can review your situation and help you understand what claims make sense for your case. Time matters, so do not wait to reach out.
Illinois Workers’ Compensation and Construction Workers
Most construction workers in Illinois are covered by the Illinois Workers’ Compensation Act (820 ILCS 305). This law gives injured workers a way to get medical care and wage replacement benefits without having to prove their employer was at fault. That is an important protection, especially on busy job sites where accidents can happen fast.
Under the Act, your employer must provide benefits if you are hurt on the job. This includes medical bills, a portion of your lost wages, and compensation for any permanent disability. You do not need to prove negligence. You just need to show that your injury happened at work and arose out of your employment. As a workers compensation attorney will tell you, the process sounds simple, but employers and their insurance companies often push back on claims.
Illinois law also protects workers in situations involving multiple contractors on a job site, which is very common in construction. Under 820 ILCS 305, if a subcontractor on a project does not have workers’ compensation insurance, the general contractor can be held liable to cover that subcontractor’s injured employees. The law states that where a subcontractor is uninsured, the employee of that subcontractor may recover compensation under the Act from the general contractor or from the individual or entity, if any, that engaged the services of the general contractor. The subcontractor is then liable for indemnification.
You also need to know about deadlines. A claim must be filed within three years of the date of accident where no compensation has been paid, or within two years after the date of the last payment of compensation where any has been paid, whichever is later. Missing that deadline could cost you your right to benefits. Talk to a workers compensation lawyer as soon as possible after your accident.
Third-Party Claims: When Workers’ Comp Is Not Enough
Workers’ compensation is a starting point, but it often does not cover everything. It does not pay for pain and suffering. It does not fully replace your lost earning capacity. And it does not hold the people who caused your injury truly accountable. That is where a third-party personal injury claim comes in.
On a Tinley Park construction site, there may be many parties involved beyond your direct employer. Think about the general contractor overseeing the whole project, a subcontractor whose crew left a hazard on the site, an equipment manufacturer whose product malfunctioned, or even a property owner who failed to keep the premises safe. Any of these parties could be legally responsible for your injuries under Illinois law.
Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. This law says that you can still recover damages even if you were partly at fault for the accident, as long as your share of fault does not exceed 50%. If you were 20% at fault and the other parties were 80% at fault, you can still recover 80% of your total damages. That is a meaningful protection for injured workers.
Illinois law on joint and several liability (735 ILCS 5/2-1117) also matters in multi-party construction cases. Under that law, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater is jointly and severally liable for all other damages as well. This means that even if one party cannot pay, you may still be able to recover the full amount from another party who shares responsibility.
A workers compensation lawyer who also handles personal injury claims can help you pursue both avenues at once. Briskman Briskman & Greenberg does exactly that for injured workers across the Chicago area.
Illinois Premises Liability and Construction Site Safety
Property owners in Illinois have a legal duty to keep their premises reasonably safe. The Illinois Premises Liability Act (740 ILCS 130) sets the standard. Under this law, property owners owe a duty of reasonable care to people on their property, including construction workers. If a property owner knew about a dangerous condition and failed to fix it or warn workers, they can be held liable for resulting injuries.
This matters a lot for Tinley Park construction accident cases. Imagine a worker hired by a subcontractor to work on a new commercial development near the Tinley Park Metra station. The property owner has left the site in a dangerous condition, with unstable ground and no proper signage. The worker falls and suffers a serious back injury. Under the Premises Liability Act, the property owner could be held responsible, even if they did not directly employ the injured worker.
Illinois also gives workers important rights when it comes to occupational diseases that develop over time. The Workers’ Occupational Diseases Act (820 ILCS 310) covers injuries and illnesses caused by long-term workplace exposure. Under Section 1.1 of that Act, if a worker’s right to compensation benefits is blocked by a period of repose, they still have the right to bring a civil action against their employer. That right cannot be waived.
These overlapping laws can feel confusing. That is exactly why you need an attorney who knows Illinois construction accident law inside and out. The team at Briskman Briskman & Greenberg has handled cases involving all of these legal theories and can help you figure out which ones apply to your situation. Reach out to a workers compensation attorney at the firm to get started with a free consultation.
What to Do After a Construction Accident in Tinley Park
The steps you take right after a construction accident can make or break your case. Here is what you should do if you are injured on a job site in Tinley Park or anywhere in the southwest Chicago suburbs.
First, get medical help right away. Your health comes first, and medical records also serve as critical evidence in your case. Do not delay treatment, even if you think your injury is minor. Second, report the accident to your employer or supervisor as soon as possible. Under Illinois law, notice of the accident must be given to the employer as soon as practical, but not later than forty-five days after the accident. Missing this deadline can hurt your workers’ compensation claim.
Third, document everything you can. Take photos of the accident scene, the equipment involved, and your injuries. Get contact information from any witnesses. Keep copies of all medical records and bills. Fourth, do not give a recorded statement to an insurance company without talking to an attorney first. Insurance adjusters are trained to minimize payouts, and anything you say can be used against you.
Fifth, contact Briskman Briskman & Greenberg. Our team knows how construction accident claims work in Cook County and Will County courts, including the Daley Center in downtown Chicago where many of these cases are filed. We know the local rules and the local players, and we put that knowledge to work for our clients. The workers compensation attorneys at our firm handle these cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
Do not try to handle a construction accident claim on your own. These cases involve multiple parties, complex insurance coverage issues, and strict legal deadlines. You deserve experienced legal help, and that is what Briskman Briskman & Greenberg provides.
FAQs About Tinley Park Construction Accident Lawyers
Can I file both a workers’ compensation claim and a personal injury lawsuit after a construction accident?
Yes, in many cases you can pursue both. Workers’ compensation covers your medical bills and a portion of lost wages regardless of fault. A personal injury lawsuit against a third party, like a general contractor, equipment manufacturer, or property owner, can recover additional damages like pain and suffering and full lost earnings. An attorney can help you identify all parties who may be responsible and pursue every available claim on your behalf.
What if I was partly at fault for my construction accident in Illinois?
Illinois uses a modified comparative fault rule under 735 ILCS 5/2-1116. You can still recover damages as long as your share of fault is 50% or less. Your total compensation will be reduced by your percentage of fault. So if your damages total $200,000 and you were 20% at fault, you could still recover $160,000. Do not assume that partial fault means you have no case. Talk to an attorney before drawing any conclusions.
How long do I have to file a construction accident claim in Illinois?
The deadlines depend on the type of claim. For workers’ compensation, you generally must give notice of your accident within 45 days and file your claim within three years of the accident date. For a personal injury lawsuit against a third party, the standard statute of limitations in Illinois is two years from the date of injury. These deadlines are strict, so the sooner you contact an attorney, the better.
What if the company that caused my accident was a subcontractor with no insurance?
Illinois law has you covered in this situation. Under 820 ILCS 305, if a subcontractor on your job site does not carry workers’ compensation insurance, the general contractor can be held responsible for your benefits. The subcontractor is then liable to reimburse the general contractor. This protection exists to make sure injured workers are not left without recourse just because a smaller contractor failed to carry proper insurance.
Does Briskman Briskman & Greenberg handle construction accident cases outside of downtown Chicago?
Yes. Briskman Briskman & Greenberg serves clients throughout the Chicago area, including Tinley Park and the surrounding southwest suburbs. Whether your accident happened near I-80, along Harlem Avenue, or at a job site anywhere in Cook or Will County, the firm can help. Cases may be filed in Cook County courts, including the Richard J. Daley Center in the Loop, depending on where the accident occurred and who the defendants are. The firm offers free consultations and handles cases on a contingency fee basis.
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