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Evanston Construction Accident Lawyer
Construction work is one of the most physically demanding and dangerous jobs in the country. If you work on a job site near Evanston, along the lakefront, or anywhere in the Chicago metro area, you already know the risks that come with the job. A single accident can change your life in an instant, leaving you with serious injuries, mounting medical bills, and no income. At Briskman Briskman & Greenberg, we understand what you are going through, and we are here to help you fight for every dollar you deserve.
Table of Contents
- Why Construction Accidents Are So Common in the Evanston Area
- Illinois Workers’ Compensation and Your Rights After a Construction Accident
- Third-Party Claims: Going Beyond Workers’ Compensation
- What to Do Right After a Construction Accident in Evanston
- Deadlines You Must Know: Illinois Statutes of Limitations
- How Briskman Briskman & Greenberg Can Help You
- FAQs About Evanston Construction Accident Lawyers
Why Construction Accidents Are So Common in the Evanston Area
Evanston is a busy, growing city right on the border of Chicago. You see active construction all around the city, from projects along Chicago Avenue and Sherman Avenue to development near Northwestern University and the lakefront. With so much building happening, it should come as no surprise that construction accidents happen regularly in this area.
Construction is one of the most dangerous industries in the United States. In 2022, the construction industry accounted for nearly one in every five workplace fatalities. That number is staggering. Think about what that means for workers in Evanston and across Chicagoland every single day.
The most common causes of serious construction accidents include falls from scaffolding, being struck by falling objects, electrocutions, and getting caught in or between heavy equipment. Falls, slips, and trips remain the leading cause of fatalities, accounting for 38.4% of all construction deaths. Workers on rooftops, scaffolding, and elevated platforms face this danger every shift. According to the National Institute for Occupational Safety and Health (NIOSH), from 2011 to 2021, struck-by injuries accounted for approximately 17% of fatal injuries in construction.
Whether you were injured on a high-rise project near downtown Evanston, a road construction job along Interstate 94, or a residential build near the lakefront, your rights matter. Illinois law gives injured workers strong protections. The key is knowing how to use them. That is where having the right legal team in your corner makes all the difference.
At Briskman Briskman & Greenberg, we have seen firsthand how devastating these accidents can be for workers and their families. We are a Chicago personal injury lawyer firm that takes construction accident cases seriously and fights hard for our clients.
Illinois Workers’ Compensation and Your Rights After a Construction Accident
If you are hurt on a construction site in Evanston or anywhere in Illinois, the Illinois Workers’ Compensation Act (820 ILCS 305) is one of the first laws that protects you. This law covers workers who suffer injuries that arise out of and in the course of their employment. You do not have to prove your employer was negligent to receive benefits. You just need to show the injury happened while you were doing your job.
Under Section 2 of the Workers’ Compensation Act, an employer may elect to provide and pay compensation for accidental injuries sustained by employees arising out of and in the course of employment. To obtain compensation under this Act, an employee bears the burden of showing, by a preponderance of the evidence, that he or she has sustained accidental injuries arising out of and in the course of the employment. This is a relatively low legal standard compared to a civil lawsuit, which makes workers’ comp a valuable first step for injured workers.
Workers’ compensation benefits can cover your medical expenses, a portion of your lost wages, and compensation for permanent disabilities. If you are a worker on a subcontracted job, the law still protects you. Under 820 ILCS 305, any one engaging in any business or enterprise who undertakes to do any work is liable to pay compensation to his own immediate employees, and in addition, if he directly or indirectly engages any contractor or subcontractor to do any such work, he is liable to pay compensation to the employees of any such contractor or subcontractor unless such contractor or subcontractor has insured his liability.
This matters because construction sites often involve multiple contractors working together. If you are an employee of a subcontractor and get hurt, you may still be able to recover benefits. Our workers compensation attorney team can help you figure out exactly who is responsible and how to pursue your claim.
Third-Party Claims: Going Beyond Workers’ Compensation
Workers’ compensation is not always the only option available to you. In many construction accident cases, a third party, someone other than your direct employer, may share responsibility for your injuries. This could be a general contractor, a property owner, an equipment manufacturer, or even another subcontractor on the same job site. When that happens, you may be able to file a separate personal injury lawsuit in addition to your workers’ comp claim.
This is important because workers’ comp does not cover everything. It typically does not pay for your pain and suffering, emotional distress, or the full value of your lost future earnings. A third-party personal injury claim can fill those gaps and get you a much larger recovery.
Illinois law supports this approach. Under 735 ILCS 5/2-1117, in actions based on negligence, 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. This means that if multiple parties caused your accident, they can each be held accountable for what they owe you.
Imagine you were working on a commercial building project near the Evanston lakefront. A crane operator from a separate company drops a load of materials on you because of faulty equipment. In that case, you might have a workers’ comp claim against your employer and a personal injury claim against the crane company or the equipment manufacturer. Both paths can lead to compensation.
Our team can help you identify every potential source of recovery. If you are unsure whether you have a third-party claim, it costs nothing to talk to us. Contact Briskman Briskman & Greenberg today to review your case.
What to Do Right After a Construction Accident in Evanston
The steps you take right after a construction accident can have a big impact on your case. Many workers make mistakes in the hours and days after an injury that hurt their ability to recover full compensation. Here is what you should do.
First, get medical help right away. Even if you think your injury is minor, see a doctor as soon as possible. Some serious injuries, like internal bleeding or traumatic brain injuries, do not show obvious symptoms right away. Documenting your injuries early also creates a medical record that supports your claim.
Second, report the accident to your employer. Under Illinois law, you must give notice of the accident to your employer as soon as practical, and no later than 45 days after the accident occurs. Missing this deadline can hurt your ability to collect workers’ compensation benefits. Do not delay.
Third, gather evidence if you can do so safely. Take photos of the accident scene, your injuries, and any equipment or conditions that contributed to the accident. Get the names and contact information of any witnesses. This evidence can be critical later.
Fourth, be careful about what you say to insurance adjusters. They may contact you quickly and try to get you to give a recorded statement or accept a low settlement. You are not required to speak with them without a lawyer present.
Fifth, contact an experienced workers compensation lawyer as soon as possible. The sooner you get legal help, the better protected your rights will be. Briskman Briskman & Greenberg is ready to help you through every step of this process.
Deadlines You Must Know: Illinois Statutes of Limitations
Time is never on your side after a construction accident. Illinois law sets strict deadlines for filing legal claims, and missing them can mean losing your right to recover anything at all. You need to understand these deadlines before it is too late.
For workers’ compensation claims in Illinois, you generally have three years from the date of your accident to file a claim with the Illinois Workers’ Compensation Commission, or two years from the date of your last compensation payment, whichever is later. Under 820 ILCS 305, the timely filing of a claim against a contractor or subcontractor shall be deemed a timely filing with respect to all persons upon whom liability is imposed. This protects workers on multi-party job sites from losing their rights due to confusion over who to file against.
For personal injury lawsuits against third parties, Illinois generally allows two years from the date of the injury to file. For property damage claims, under 735 ILCS 5/13-205, actions to recover damages for injury done to property must be commenced within five years after the cause of action accrued.
If your injury involves an occupational disease, such as lung damage from silica dust exposure on a construction site, the Illinois Workers’ Occupational Diseases Act (820 ILCS 310) also provides protections. Under 820 ILCS 310/1.1, employees have a nonwaivable right to bring a civil action in cases where the recovery of compensation benefits would be precluded due to a period of repose.
These deadlines are firm. Courts rarely make exceptions. Whether your accident happened near the Evanston courthouse on Orrington Avenue, on a job site near Lake Michigan, or along the Skokie Swift corridor, do not wait to get legal help. Our workers compensation attorneys can review your situation and make sure you do not miss a critical filing deadline.
How Briskman Briskman & Greenberg Can Help You
At Briskman Briskman & Greenberg, we have been helping injured workers and their families in Chicago, Evanston, and throughout the greater Chicagoland area for years. We know Illinois personal injury law and workers’ compensation law inside and out. We know how construction companies and their insurers operate, and we know how to build a strong case on your behalf.
When you come to us, we take the time to listen to your story and understand what happened. We investigate the accident, gather evidence, identify all responsible parties, and work to get you the maximum compensation possible. That includes medical expenses, lost wages, pain and suffering, and more.
We also understand that you are dealing with a lot right now. You may be in pain, worried about your family’s finances, and unsure about the future. Our job is to take the legal burden off your shoulders so you can focus on healing. We handle the paperwork, the negotiations, and the legal strategy. You focus on getting better.
Our workers compensation lawyer team understands that every case is different. Whether your accident involved a fall from scaffolding, a forklift collision, an electrocution, or exposure to toxic materials, we are prepared to fight for you. We serve clients in Evanston, Rogers Park, Andersonville, Skokie, and all of Chicago’s North Side neighborhoods.
If you or a loved one was hurt in a construction accident, reach out to Briskman Briskman & Greenberg today. You can also learn more about your rights and the claims process by visiting our workers compensation attorney resource page. Your consultation is free, and you pay nothing unless we recover for you. Call us today and let us get to work for you.
FAQs About Evanston Construction Accident Lawyers
Can I file both a workers’ compensation claim and a personal injury lawsuit after a construction accident in Illinois?
Yes, in many cases you can pursue both. Workers’ compensation covers your medical bills and a portion of your lost wages, but it does not cover pain and suffering. If a third party, such as a general contractor, equipment manufacturer, or property owner, contributed to your accident, you may also have a personal injury claim against them. An attorney can help you figure out which claims apply to your situation.
How long do I have to file a construction accident claim in Illinois?
For workers’ compensation, you generally have three years from the date of your accident to file with the Illinois Workers’ Compensation Commission, or two years from your last compensation payment. For a personal injury lawsuit against a third party, the deadline is generally two years from the date of the injury. These deadlines are strict, so do not delay in speaking with an attorney.
What if I was working for a subcontractor when I was hurt on an Evanston construction site?
You are still protected under Illinois law. Under the Illinois Workers’ Compensation Act (820 ILCS 305), a general contractor can be held liable for compensation to employees of subcontractors if the subcontractor is uninsured or fails to provide benefits. The law is designed to make sure injured workers are not left without recourse just because of how a job site is structured.
What types of compensation can I recover after a construction accident?
You may be able to recover medical expenses, lost wages, compensation for permanent disability, pain and suffering, and loss of future earning capacity. Workers’ compensation covers the first two categories. A personal injury lawsuit against a third party can cover all of them. The exact amount depends on the severity of your injuries, who was at fault, and the specific facts of your case.
Do I need a lawyer for a construction accident claim in Illinois, or can I handle it myself?
You are not required to have a lawyer, but having one makes a significant difference. Insurance companies and employers have legal teams working to minimize what they pay you. An experienced attorney knows how to investigate your case, identify all responsible parties, meet legal deadlines, and negotiate for full compensation. At Briskman Briskman & Greenberg, consultations are free and you pay nothing unless we win your case.
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