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Berwyn Construction Accident Lawyer
If you were hurt on a construction site in or near Berwyn, Illinois, you already know how fast life can change. One moment you’re on the job, and the next you’re dealing with serious injuries, medical bills, and questions about your future. Construction work is one of the most dangerous jobs in the country, and workers in the Chicago metro area face real risks every day. Whether the site is near the Eisenhower Expressway (I-290), along Cermak Road, or anywhere else in Berwyn or the surrounding Cook County area, a construction accident can leave you with injuries that take months or years to recover from. Briskman Briskman & Greenberg is here to help you understand your rights and fight for the compensation you deserve.
Table of Contents
- Why Construction Accidents in Berwyn Are So Common
- Your Rights Under Illinois Workers’ Compensation Law
- Workers’ Compensation vs. Third-Party Claims: Know the Difference
- How Illinois Law Handles Contractors and Subcontractors
- What to Do After a Construction Accident in Berwyn
- FAQs About Berwyn Construction Accident Lawyers
Why Construction Accidents in Berwyn Are So Common
Berwyn sits just west of Chicago, bordered by Oak Park and Cicero. The area sees steady construction activity, from residential rehabs along Ridgeland Avenue to commercial builds near the Berwyn Metra station and ongoing infrastructure work along major corridors. That constant activity creates real hazards for workers every day.
Most people know that construction work has inherent dangers, with workers often performing jobs at treacherous heights and around heavy machinery and power lines. What many people do not realize is that many Illinois construction accidents are the result of employers failing to follow workplace safety regulations. That matters, because it means many of these accidents were preventable.
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. Construction consistently ranks among the most dangerous industries in that count. Fatal work injuries totaled 145 in 2023 for Illinois, according to the U.S. Bureau of Labor Statistics.
Common causes of construction accidents in the Berwyn and greater Chicago area include falls from scaffolding or ladders, being struck by falling objects, trench collapses, electrocution, and equipment malfunctions. Falls are the leading cause of fatalities in construction, often from heights such as ladders, scaffolding, roofs, or open-sided platforms. Poorly secured surfaces, lack of guardrails, or inadequate fall protection systems are common contributors. If you were hurt in any of these ways, you may have a strong legal claim. Contact Briskman Briskman & Greenberg to talk through what happened.
Your Rights Under Illinois Workers’ Compensation Law
Illinois law gives construction workers strong protections after a job site injury. Under the Illinois Workers’ Compensation Act (820 ILCS 305), most workers have the right to file a claim regardless of who caused the accident. You do not need to prove your employer was at fault to receive benefits. That is one of the key features of Illinois workers’ comp, and it applies to workers in Berwyn just as it does anywhere else in Cook County.
A workers’ compensation claim in Illinois does not require that an injured employee prove that an employer was at fault. Instead, someone hurt in an on-the-job accident must show that the person was an employee at the time the accident occurred, that the person was injured as a result of their employment, and that the injury was caused or made worse by their employment.
Under the Illinois Workers’ Compensation Act, construction and excavation work are specifically covered. The Act applies to the erection, maintaining, removing, remodeling, altering, or demolishing of any structure, as well as construction, excavating, or electrical work. That means if you work on a Berwyn job site doing any of these tasks, you are almost certainly covered.
You also need to act quickly. Notice of the accident must be given to the employer as soon as practical, but not later than 45 days after the accident, under 820 ILCS 305/6(c). Missing that window can hurt your claim. A workers compensation attorney at Briskman Briskman & Greenberg can help you move fast and protect your rights from the start.
Workers’ Compensation vs. Third-Party Claims: Know the Difference
Many injured construction workers in Berwyn have two separate legal options available to them, and understanding both can make a big difference in your recovery. Workers’ compensation is one path. A third-party personal injury lawsuit is another. These are not the same thing, and they do not cancel each other out in every situation.
Workers’ compensation covers your medical bills, a portion of your lost wages, and disability benefits. Workers’ compensation benefits provide no-fault protection, but they also limit recovery for pain and suffering from the employer. For many injured workers, a third-party claim offers an essential avenue to pursue full justice and broader compensation.
A third-party claim comes into play when someone other than your direct employer caused or contributed to your accident. Think of a scenario where a subcontractor’s crew leaves a trench unsupported near the Berwyn Blue Line station project, and you fall in. You may be able to file a workers’ comp claim against your employer and a separate personal injury lawsuit against that subcontractor. 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 that engaged the services of the general contractor. The subcontractor is then liable for indemnification.
If successful, Chicago personal injury plaintiffs can recover economic damages, including the costs of past and future medical expenses, lost wages, as well as any decrease in earning capacity caused by the accident. A skilled workers compensation lawyer can help you figure out which claims apply to your situation and how to pursue them together.
How Illinois Law Handles Contractors and Subcontractors
Construction sites in the Chicago area, including those in Berwyn and neighboring communities like Cicero and Oak Park, often involve multiple layers of contractors. A general contractor hires subcontractors, who may hire their own crews. That layered structure can make it confusing to know who is responsible when someone gets hurt. Illinois law addresses this directly.
Under 820 ILCS 305, a business that engages a contractor or subcontractor to perform covered work can be held liable for workers’ compensation if that contractor or subcontractor fails to carry proper insurance. Any one engaging in any business or enterprise referred to in the Act who undertakes to do any work enumerated therein is liable to pay compensation to his own immediate employees, and in addition, if he directly or indirectly engages any contractor whether principal or sub-contractor to do any such work, he is liable to pay compensation to the employees of any such contractor or sub-contractor unless such contractor or sub-contractor has insured or guaranteed his liability to pay such compensation.
This is important for Berwyn construction workers because it means you may have more than one party responsible for your benefits. The timely filing of a claim against a contractor or subcontractor shall be deemed to be a timely filing with respect to all persons upon whom liability is imposed. In the event any such person pays compensation, he may recover the amount from the contractor or sub-contractor. The law also addresses situations where workers are loaned between employers. If a loaning employer sends you to work for a borrowing employer and you get hurt, both employers may share joint and several liability for your benefits under 820 ILCS 305.
Our team at Briskman Briskman & Greenberg understands how these contractor relationships work and how to identify every party that may owe you compensation. As your Chicago personal injury lawyer, we dig into the details so nothing gets missed.
What to Do After a Construction Accident in Berwyn
The steps you take right after a construction accident can directly affect the outcome of your claim. Many injured workers in the Berwyn area make mistakes early on that cost them later, often because they do not know their rights. Here is what you should do.
First, report the accident to your employer right away. Do not wait. Workers have the right to report their injury without fear of punishment. Illinois law allows injured workers up to 45 days to notify their employer. Reporting early helps protect your claim and ensures benefits are not delayed. Even if the injury seems minor at first, report it. Symptoms often get worse over time.
Second, get medical attention immediately. Go to the emergency room if needed. The Loyola University Medical Center in nearby Maywood and the MacNeal Hospital in Berwyn itself are close options for emergency care. Document every visit, every diagnosis, and every prescription.
Third, do not give a recorded statement to an insurance company without legal advice. Insurers often use those statements to reduce or deny claims. It is not uncommon for workers’ compensation insurance carriers or employers to push back against injury claims. Having a lawyer on your side from the beginning helps prevent that.
Fourth, contact Briskman Briskman & Greenberg. Our team has helped injured workers across the Chicago metro area, and we are ready to help you too. Whether you need a workers compensation lawyer for a complex multi-party claim or straightforward guidance on your benefits, we are here. You can also learn about the first steps after a workplace injury on our website. And if you want a broader overview, our page on six things you should know about workers’ compensation in Illinois is a great starting point. Our workers compensation attorneys are ready to review your case and explain your options clearly, with no pressure and no confusing legal jargon.
FAQs About Berwyn Construction Accident Lawyers
Can I file a lawsuit if I was hurt on a construction site in Berwyn?
Yes, in many cases you can. If a third party, such as a subcontractor, equipment manufacturer, or property owner, contributed to your accident, you may be able to file a personal injury lawsuit in addition to your workers’ compensation claim. Illinois law allows both paths in certain situations. An attorney can review the facts of your case and tell you which options apply to you.
How long do I have to file a workers’ compensation claim in Illinois?
You must notify your employer of the accident within 45 days under 820 ILCS 305/6(c). For filing a formal claim with the Illinois Workers’ Compensation Commission, you generally have three years from the date of the accident, or two years from the last payment of compensation, whichever is later. These deadlines are strict, so do not wait to get legal advice.
What if my employer says I am an independent contractor, not an employee?
This is a common situation on construction sites, and Illinois law looks at the actual working relationship, not just a job title or contract label. If you were working under the direction and control of a contractor on a Berwyn job site, you may still qualify as an employee under the Workers’ Compensation Act. An attorney can help you challenge a misclassification and protect your right to benefits.
What benefits can I receive after a construction accident in Illinois?
Illinois workers’ compensation covers your full medical expenses related to the injury, temporary total disability payments while you cannot work, permanent disability benefits if your injury has lasting effects, and vocational rehabilitation if you cannot return to your previous job. In fatal accident cases, surviving family members may also receive death benefits. A third-party personal injury claim can add compensation for pain and suffering, which workers’ comp does not cover.
Does Briskman Briskman & Greenberg handle construction accident cases in Berwyn?
Yes. Briskman Briskman & Greenberg handles personal injury and workers’ compensation cases throughout the Chicago metro area, including Berwyn and the surrounding Cook County communities. If you were hurt on a construction site, you are welcome to reach out and discuss your situation. The firm can help you understand your legal options and what steps to take next.
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