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Streamwood Construction Accident Lawyer
Construction workers in Streamwood, Illinois face real dangers every day. From the active job sites along Irving Park Road to the ongoing commercial development near Barrington Road and Route 19, workers in this northwest suburb put their bodies on the line to build the structures that define the community. When a construction accident happens, the injuries are rarely minor. Falls, falling objects, scaffolding collapses, and equipment failures can leave workers with broken bones, spinal injuries, traumatic brain injuries, or worse. If you or someone you love was hurt on a Streamwood construction site, a Chicago abogado de lesiones personales at Briskman Briskman & Greenberg can help you understand your rights and pursue the compensation you deserve.
Table of Contents
- Why Construction Sites in Streamwood Are So Dangerous
- Illinois Law Protects Injured Construction Workers
- Workers’ Compensation Benefits You Can Receive
- Third-Party Claims: Going Beyond Workers’ Compensation
- What to Do After a Construction Accident in Streamwood
- FAQs About Streamwood Construction Accident Lawyers
Why Construction Sites in Streamwood Are So Dangerous
Streamwood sits in Cook County, just west of the Jane Addams Memorial Tollway (I-90), and it continues to see residential and commercial growth. That growth means active job sites, and active job sites mean risk. Construction is one of the most dangerous industries in the country, and the numbers back that up. There were 5,070 fatal work injuries recorded across the United States in 2024, down 4.0 percent from 5,283 in 2023. Even with that decline, the toll on workers remains staggering. Fatal work injuries totaled 145 in 2023 for Illinois, according to the U.S. Bureau of Labor Statistics.
OSHA identifies what it calls “Focus Four” hazards as the leading causes of construction deaths. A significant majority, about 65.5% of construction fatalities, result from falls, struck-by incidents, caught-in/between accidents, and electrocutions, with falls to a lower level being the single leading cause of fatalities. Struck-by incidents were the second most common Focus Four cause, making up 17.0% of fatalities, followed by electrocutions at 7.6% and caught-in/between incidents at 5.8%. These are not abstract statistics. They represent workers who left home in the morning and did not come back the same, or at all. Streamwood workers face these same risks every time they report to a job site, whether that is a new subdivision near Ontarioville or a commercial project off Lake Street.
OSHA’s fall protection standard, 29 CFR 1926.501, consistently ranks as one of the most frequently cited violations in the construction industry. Federal workplace safety inspectors have cited Illinois construction contractors for exposing employees to falls from elevation, which remains the industry’s leading cause of injury and death. When employers cut corners on safety, workers pay the price.
Illinois Law Protects Injured Construction Workers
Illinois has strong legal protections for construction workers who get hurt on the job. The primary law is the Illinois Workers’ Compensation Act, 820 ILCS 305, which requires virtually every employer in the state to carry workers’ compensation insurance. Under Section 3 of the Illinois Workers’ Compensation Act, the law applies automatically, without any election, to all employers and employees engaged in the erection, maintaining, removing, remodeling, altering, or demolishing of any structure, as well as construction, excavating, or electrical work. If you work in construction in Streamwood, your employer is required by law to carry this coverage.
Workers’ compensation under 820 ILCS 305 is a no-fault system. You do not have to prove your employer did anything wrong to receive benefits. You only need to show that your injury arose out of and in the course of your employment. That makes workers’ compensation the fastest and most direct path to benefits for most injured workers. A claim must generally be filed within three years of the date of the 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, under 820 ILCS 305/6(d). Missing that deadline can cost you your entire claim.
There is also an important notice requirement. Notice of the accident must be given to the employer as soon as practical, but not later than forty-five days after the accident, under 820 ILCS 305/6(c). Waiting too long to report your injury can seriously hurt your claim, even if you have a legitimate case. Report the accident in writing and keep a copy for yourself.
Workers’ Compensation Benefits You Can Receive
Many injured construction workers do not know the full range of benefits available to them under Illinois law. Workers’ compensation is not just about covering your hospital bills. The Illinois Workers’ Compensation Act covers a wide range of injuries and provides several types of financial support. Benefits generally include payment of all reasonable and necessary medical expenses, temporary total disability payments while you are unable to work, and permanent disability benefits if your injuries leave lasting limitations.
For wage loss, the Illinois Workers’ Compensation Act provides compensation equal to two-thirds of your average weekly wage while you are temporarily unable to work. If you are partially disabled and can return to work in a limited capacity, you may be entitled to a wage differential benefit equal to two-thirds of the difference between what you earned before the accident and what you are able to earn afterward. Under 820 ILCS 305, for injuries that result in permanent and specific losses, the law sets out defined compensation schedules. For example, the loss of an arm is compensated at 253 weeks of benefits, and the loss of a leg is compensated at 215 weeks of benefits, for injuries occurring on or after February 1, 2006.
If you suffered a catastrophic injury, a spinal cord injury, or a traumatic brain injury on a Streamwood construction site, the workers’ compensation benefits available under Illinois law can be significant. Talk to an attorney before accepting any settlement offer. Once you settle, you generally cannot go back and ask for more.
Third-Party Claims: Going Beyond Workers’ Compensation
Workers’ compensation is not always the only legal option for an injured construction worker. On a typical Streamwood job site, you might have a general contractor overseeing the project, multiple subcontractors working alongside each other, equipment manufacturers supplying machinery, and property owners controlling the site. If any of those parties, other than your direct employer, caused or contributed to your injury through negligence, you may have the right to file a separate personal injury lawsuit against them.
If a party other than your direct employer, such as a general contractor, subcontractor, equipment manufacturer, or property owner, caused or contributed to your injury through negligence, you may have the right to file a third-party personal injury lawsuit. This type of claim is separate from your workers’ compensation claim and can allow you to recover damages like pain and suffering that workers’ compensation does not cover. That is a critical distinction. Workers’ compensation pays medical bills and a portion of lost wages, but it does not compensate you for the pain you endure, the emotional toll of a serious injury, or the full impact on your quality of life. A third-party lawsuit can pursue all of those damages.
Under 820 ILCS 305/5(b), the Illinois Workers’ Compensation Act expressly allows injured workers to bring legal proceedings against third parties who are legally liable for their injuries. The abogados de accidentes laborales at Briskman Briskman & Greenberg regularly evaluate construction accident cases for both workers’ compensation claims and third-party liability. These are two separate legal tracks, and you can often pursue both at the same time. The key is acting quickly, because Illinois personal injury claims are generally subject to a two-year statute of limitations under 735 ILCS 5/13-202.
Also worth knowing: where a subcontractor is uninsured, the employee of that subcontractor may recover compensation under the Illinois Workers’ Compensation Act from the general contractor. The subcontractor is then liable for indemnification. This means that even if your direct employer lacks insurance, you are not necessarily without recourse.
What to Do After a Construction Accident in Streamwood
The steps you take in the hours and days after a construction accident directly affect the strength of your legal claim. First, report the accident to your employer right away. Under 820 ILCS 305/6(c), you have 45 days to give written notice, but the sooner you report it, the better. Do not assume your employer will handle it for you. Put it in writing and keep a copy.
Second, get medical attention immediately, even if you feel okay. Some serious conditions, including traumatic brain injuries and spinal injuries, do not show their full severity right away. A doctor’s visit creates a medical record that ties your injuries to the accident. That record becomes one of the most important pieces of evidence in your case. If you were hurt near the Northwest Community Hospital area or treated at any Cook County facility, make sure you keep all records and bills.
Third, document the scene if you can. Take photos of the area where the accident happened, the equipment involved, and any visible injuries. Collect the names and contact information of witnesses. If OSHA is called to investigate, that report can also be valuable evidence. OSHA violations are not automatically proof of negligence under Illinois law, but they are admissible as evidence of the applicable standard of care.
Fourth, and most importantly, contact an attorney before speaking with any insurance company. Insurers have teams of adjusters and lawyers working to minimize what they pay. The workers’ compensation lawyers at Briskman Briskman & Greenberg represent injured workers on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. Call us at (312) 222-0010 to schedule a free consultation.
FAQs About Streamwood 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 at the same time. Workers’ compensation under the Illinois Workers’ Compensation Act (820 ILCS 305) covers your medical expenses and a portion of your lost wages regardless of fault. A separate third-party personal injury lawsuit may be available if someone other than your direct employer, such as a general contractor, subcontractor, or equipment manufacturer, contributed to your injury through negligence. A third-party lawsuit can recover damages that workers’ compensation does not cover, including pain and suffering and the full value of your lost earning capacity.
How long do I have to file a construction accident claim in Illinois?
For workers’ compensation claims under 820 ILCS 305/6(d), you generally have three years from the date of the accident where no compensation has been paid, or two years from the date of the last compensation payment, whichever is later. For a third-party personal injury lawsuit, Illinois law under 735 ILCS 5/13-202 generally allows two years from the date of the injury. These deadlines are strict. Missing them can eliminate your right to recover compensation entirely, so it is important to speak with an attorney as soon as possible after your accident.
What if my employer does not have workers’ compensation insurance?
Illinois law still protects you. Under 820 ILCS 305/1(a)(3), if your direct employer is uninsured, you may be able to recover workers’ compensation benefits from the general contractor overseeing the project. The general contractor can then seek reimbursement from the uninsured subcontractor. You also retain the right to sue an uninsured employer directly in civil court. The attorneys at Briskman Briskman & Greenberg can help identify every available source of compensation in your specific situation.
What types of injuries are most common in Streamwood construction accidents?
OSHA’s data consistently shows that falls, struck-by incidents, caught-in/between accidents, and electrocutions are the leading causes of construction injuries and deaths. On Streamwood job sites, workers commonly suffer broken bones, spinal cord injuries, traumatic brain injuries, crush injuries, burn injuries, and amputations. Some injuries, like those involving scaffolding collapses or falling objects, can be catastrophic and permanently change a worker’s ability to earn a living. The severity of the injury often determines the full scope of compensation available under Illinois law.
Does Briskman Briskman & Greenberg handle construction accident cases in Streamwood?
Yes. Briskman Briskman & Greenberg handles construction accident cases throughout the Chicago metropolitan area, including Streamwood and the surrounding Cook County communities. The firm handles both workers’ compensation claims under the Illinois Workers’ Compensation Act and third-party personal injury lawsuits arising from construction site accidents. Cases are handled on a contingency fee basis, meaning there are no attorney fees unless compensation is recovered. You can reach the firm at (312) 222-0010 to schedule a free, no-obligation consultation. Viewing this page or contacting the firm does not create an attorney-client relationship.
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