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Bolingbrook Construction Accident Lawyer
Construction work keeps Bolingbrook and the greater Chicago area growing. New roads, commercial buildings, and residential developments are going up all the time, from the busy I-55 corridor near Bolingbrook to the massive projects along the Chicago Riverwalk and throughout the South Loop. But with all that activity comes serious risk. When a construction accident happens, the injuries can be life-changing. If you or someone you love was hurt on a job site, you need to understand your rights, and you need an attorney who knows Illinois law inside and out. Briskman Briskman & Greenberg has fought for injured workers and accident victims across the Chicago area for decades, and we are ready to help you too.
Table of Contents
- Construction Accidents in the Chicago Area: The Scope of the Problem
- Illinois Laws That Protect Injured Construction Workers
- Common Types of Construction Accidents and Injuries
- OSHA Rules and Employer Duties on Illinois Construction Sites
- Workers’ Compensation vs. Third-Party Claims: Knowing Your Options
- Why Choose Briskman Briskman & Greenberg for Your Construction Accident Case
- FAQs About Bolingbrook Construction Accident Lawyer
Construction Accidents in the Chicago Area: The Scope of the Problem
Construction is one of the most dangerous industries in the country, and Illinois is no exception. From heights to heavy machinery and other hazards, construction jobs pose substantial risk. In 2023, the construction industry contributed to nearly 25% of all workplace deaths. That is a staggering number, and it reflects a reality that workers in Bolingbrook, Joliet, Naperville, and throughout the Chicago metro area face every single day.
Over 100,000 workplace accidents occur in Illinois each year. According to the U.S. Bureau of Labor Statistics, Illinois reported 112,500 non-fatal private sector injuries and illnesses in 2022. The numbers have remained high in the years since. Falls are among the most common causes of serious injury and death. Falls contributed 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. Workers with the highest level of risk for falling deaths include construction workers, particularly roofers, painters, steelworkers, and framers.
Workers near Bolingbrook deal with all kinds of job sites, from large commercial builds along Weber Road and Route 53 to highway expansion projects on I-355. Any of these sites can become dangerous in a hurry if an employer cuts corners on safety. Whether you were hurt by a fall, a piece of defective equipment, a trench collapse, or a struck-by incident, your injuries deserve serious legal attention. Briskman Briskman & Greenberg understands what is at stake for you and your family, and we want to help you pursue the full compensation you are entitled to under Illinois law.
Illinois Laws That Protect Injured Construction Workers
Illinois has a strong legal framework designed to protect construction workers who get hurt on the job. The primary law governing workplace injuries is the Workers’ Compensation Act, found at 820 ILCS 305. Under this law, most employers in Illinois are required to carry workers’ compensation insurance. If you are hurt at work, you can file a claim regardless of who was at fault. Workers’ comp can cover your medical bills, a portion of your lost wages, and compensation for permanent disabilities.
But workers’ comp is not always the only option. Illinois law also allows injured workers to file a separate personal injury lawsuit against third parties who may have caused or contributed to the accident. For example, if a subcontractor’s negligence caused your injury, or if a piece of defective equipment failed and hurt you, you may have a claim against that party in addition to your workers’ comp claim. Under 820 ILCS 305, when a loaned employee is injured while working for a borrowing employer, both the loaning and borrowing employers can be held jointly and severally liable for the worker’s benefits.
Illinois also has strong joint liability rules. Under 735 ILCS 5/2-1117, all defendants found liable in a personal injury case are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This matters a great deal in construction accident cases, where multiple contractors, subcontractors, and property owners may all share responsibility for what happened to you.
Working with a skilled Chicago abogado de lesiones personales at Briskman Briskman & Greenberg means you will have someone in your corner who knows how to identify every liable party and pursue every avenue of compensation available to you under the law.
Common Types of Construction Accidents and Injuries
Construction sites are filled with hazards. Some accidents happen because of employer negligence. Others happen because a third party, like an equipment manufacturer or a property owner, failed to meet their legal duty. A contact accident occurs any time a worker is struck by another object. This includes incidents in which workers are hit by falling materials, tools, equipment, or debris, or are caught in moving machinery. It also includes those in which workers are pinned between building materials or machinery, or are killed in a building collapse. These incidents have one of the highest rates of death in the construction industry, contributing to 16% of all Illinois workplace deaths in 2023.
Here are some of the most common types of construction accidents we handle at Briskman Briskman & Greenberg:
- Caídas de altura: Scaffolding collapses, ladder failures, and unprotected roof edges are leading causes of serious injury and death on job sites.
- Accidentes por atropello: Falling tools, swinging crane loads, and moving vehicles on job sites can cause devastating head and body injuries.
- Trench and excavation collapses: These accidents can bury workers alive and cause fatal crushing injuries.
- Electrocution: Contact with live wires and improperly grounded equipment is a constant hazard on construction sites.
- Caught-in or caught-between accidents: Heavy machinery like bulldozers, forklifts, and compactors can trap and crush workers in seconds.
- Defective tools and equipment: When a tool or machine fails because of a manufacturing defect, the maker may be liable for your injuries.
The injuries from these accidents are often severe. Broken bones, traumatic brain injuries, spinal cord damage, amputations, and severe burns are all common outcomes. These injuries can leave you unable to work for months or permanently. Medical bills pile up fast. That is why it is so important to speak with a abogado de indemnización laboral at Briskman Briskman & Greenberg as soon as possible after your accident. The sooner we get involved, the sooner we can start building your case and protecting your rights.
OSHA Rules and Employer Duties on Illinois Construction Sites
Federal and state safety rules exist specifically to keep construction workers safe. OSHA exercises authority over private sector employers in Illinois, and federal OSHA standards apply to these workers. Illinois OSHA adopts all Federal OSHA workplace safety standards in 29 CFR Parts 1910 (general industry), 1915 (shipyards), and 1926 (construction). Those construction standards under 29 CFR 1926 cover everything from fall protection and scaffolding to trenching, electrical safety, and personal protective equipment.
Employers on Illinois construction sites are legally required to provide a safe work environment. OSHA’s personal protective equipment standard requires employers to provide employees with personal equipment designed to protect them against certain hazards and to ensure that employees have been effectively trained on the use of the equipment. This equipment can range from protective helmets to prevent head injuries in construction and cargo handling work, to eye protection, hearing protection, hard-toed shoes, special goggles for welders, and gauntlets for iron workers. Employers must generally provide required personal protective equipment to their employees free of charge.
A new OSHA PPE rule that took effect in January 2025 strengthened these requirements. The new requirement addresses the common problem of workers being forced to work on task with PPE that fails to fit properly, putting them at risk of harm. Things like improperly fitting gloves, goggles, or helmets not only fail to provide reasonable and needed protection but, in some situations, may exacerbate the risk of bodily injury. The new regulation clearly mandates that construction industry PPE must fit the individual worker properly and as intended.
When an employer violates OSHA rules and a worker gets hurt, those violations can be powerful evidence in a personal injury or workers’ compensation case. If you believe your employer ignored safety rules on your job site, a workers compensation lawyer at Briskman Briskman & Greenberg can review the facts and help you understand what options you have. Do not assume that just because workers’ comp is available, you cannot also hold a negligent employer or third party accountable in court.
Workers’ Compensation vs. Third-Party Claims: Knowing Your Options
Many injured construction workers in Bolingbrook and the Chicago area do not realize they may have more than one type of legal claim after an accident. Workers’ compensation under 820 ILCS 305 is a no-fault system. You do not have to prove your employer was negligent to get benefits. But those benefits are limited. Workers’ comp typically covers medical expenses and a portion of your lost wages. It does not cover pain and suffering or the full value of your lost earning capacity.
A third-party personal injury claim is different. If someone other than your direct employer contributed to your accident, you can sue that party for the full range of damages, including pain and suffering, emotional distress, and loss of enjoyment of life. Common third parties in construction accident cases include general contractors, subcontractors, property owners, equipment manufacturers, and even other workers on the site who do not work for your employer.
Under 820 ILCS 305/1.2, if your injury or death falls outside the workers’ compensation system because of a repose period or other limitation, you retain the right to bring a civil action at law, including a wrongful death claim. This protection is nonwaivable, meaning no employer can take it away from you through a contract or agreement. Illinois law is designed to make sure that workers and their families always have a path to justice.
Understanding which claims apply to your situation takes legal knowledge and careful investigation. Our team at Briskman Briskman & Greenberg will look at every angle of your case. We will identify all potentially liable parties, gather evidence, and build the strongest possible claim on your behalf. You can learn more about what to do right after a workplace injury by visiting our page on abogado de indemnización laboral first steps. The actions you take in the days immediately after your accident can have a major impact on your case.
Why Choose Briskman Briskman & Greenberg for Your Construction Accident Case
When you are hurt on a construction site, you are up against powerful forces. Insurance companies, employers, and their lawyers will work quickly to protect their own interests. You need someone who is just as committed to protecting yours. Briskman Briskman & Greenberg has represented injured workers and accident victims in the Chicago area for many years. We know Illinois personal injury law. We know the Will County Courthouse in Joliet, the DuPage County Courthouse in Wheaton, and the Cook County Circuit Court in Chicago. We know how to handle cases in the jurisdictions that serve Bolingbrook and the surrounding communities.
There are important deadlines you need to know about. In Illinois, workers’ compensation claims must generally be filed within three years of the accident date, or within two years of the last payment of workers’ compensation benefits, whichever is later. Personal injury lawsuits in Illinois generally have a two-year statute of limitations. Missing these deadlines can cost you your right to recover anything at all. There is no reason to wait.
We handle construction accident cases on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There is no financial risk to calling us and learning about your rights. Whether your accident happened near Bolingbrook’s Promenade shopping area, on a job site along Route 59, or anywhere else in the greater Chicago metro, we are here to help. Over 100,000 workplace accidents occur in Illinois each year, and far too many injured workers never get the full compensation they deserve because they did not act quickly enough or did not have the right legal team on their side.
Nuestra workers compensation lawyer team understands how these cases work from every angle. We also encourage you to review abogados laboralistas resources so you can go into the process fully informed. Knowledge is power, and we want you to have both. Call Briskman Briskman & Greenberg today for a free consultation.
FAQs About Bolingbrook Construction Accident Lawyer
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 under 820 ILCS 305 covers your medical bills and a portion of your lost wages regardless of fault. If a third party, such as a subcontractor, property owner, or equipment manufacturer, contributed to your accident, you may also file a separate personal injury lawsuit against that party. A personal injury claim can recover damages that workers’ comp does not cover, including pain and suffering. An attorney can help you determine which claims apply to your situation.
How long do I have to file a construction accident claim in Illinois?
Illinois workers’ compensation claims must generally be filed within three years of the accident date, or within two years of the last payment of compensation benefits, whichever is later. Personal injury lawsuits in Illinois typically have a two-year statute of limitations from the date of the injury. Missing these deadlines can permanently bar you from recovering any compensation. It is important to speak with an attorney as soon as possible after your accident so that no deadlines are missed.
What if my employer does not have workers’ compensation insurance?
Illinois law requires most employers to carry workers’ compensation insurance. If your employer does not have coverage, you still have options. You may be able to file a claim with the Illinois Workers’ Compensation Commission directly against your employer. You may also have grounds for a civil lawsuit. Under 820 ILCS 305, an employer who fails to carry required insurance does not get the usual protections of the workers’ comp system, which can actually open the door to a broader legal claim. An attorney can help you understand exactly what your options are in this situation.
What types of compensation can I recover after a construction accident?
The compensation available to you depends on the type of claim you file. Through workers’ compensation, you can recover medical expenses, temporary or permanent disability benefits, and vocational rehabilitation costs. Through a third-party personal injury lawsuit, you can recover the full value of your medical bills, past and future lost wages, pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving a fatality, surviving family members may also have a wrongful death claim. The goal is to make sure you are not left bearing the financial burden of someone else’s negligence.
What should I do immediately after a construction accident in Bolingbrook or the Chicago area?
Your first priority is your health. Seek medical attention right away, even if you feel you are not seriously hurt. Then report the accident to your employer in writing as soon as possible. Document everything you can, including photos of the accident scene, the names of any witnesses, and any equipment or conditions involved. Do not give a recorded statement to any insurance company before speaking with an attorney. Contact Briskman Briskman & Greenberg for a free consultation so we can advise you on the right steps to protect your rights and your claim from the very beginning.
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