Our Lawyers
Bloomington Construction Accident Lawyer
Construction work in and around Bloomington is tough, physical, and dangerous. Workers pour concrete along Interstate 55, raise steel frames near Veterans Parkway, and renovate commercial buildings in the heart of downtown Bloomington every single day. When something goes wrong on one of these sites, the injuries can be life-changing. Broken bones, traumatic brain injuries, spinal damage, and even death are real outcomes of construction accidents. If you or a family member has been hurt on a construction site, you need to understand your legal rights, and you need an attorney who knows Illinois law inside and out. The team at Chicago personal injury lawyer firm Briskman Briskman & Greenberg is ready to help you fight for every dollar you deserve.
Table of Contents
- The Danger of Construction Sites in Illinois
- Illinois Workers’ Compensation Rights for Construction Workers
- Third-Party Claims: Getting More Than Workers’ Comp Alone
- Wrongful Death Claims When a Construction Worker Is Killed
- What to Do After a Bloomington Construction Accident
- Why Choose Briskman Briskman & Greenberg for Your Construction Accident Case
- FAQs About Bloomington Construction Accident Lawyers
The Danger of Construction Sites in Illinois
Construction sites are among the most hazardous workplaces in the country. Think about the active job sites you pass on your drive along Route 9 through Bloomington or near the Rivian plant in Normal. Heavy machinery, open trenches, scaffolding, power tools, and electrical hazards are everywhere. One wrong move, one equipment failure, or one moment of a supervisor ignoring safety rules can end a worker’s career or their life.
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 a recent year of data. Those numbers represent real people with real families. Construction work has inherent dangers, with workers often performing their 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 adhere to workplace safety regulations.
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 to fall accidents. Beyond falls, workers also face risks from caught-in or caught-between accidents, which occur when a worker is caught, crushed, or compressed by equipment or structures. This includes trench collapses, getting caught in machinery, or being trapped between immovable objects like walls or vehicles.
Construction sites often involve electrical installations and temporary wiring, making electrocution a significant risk. Common causes include contact with overhead power lines, improperly grounded equipment, and exposure to live wires. The bottom line is this: construction sites in Bloomington and across Illinois are filled with hazards. When employers and contractors fail to keep those hazards under control, workers pay the price. That is not acceptable, and Illinois law gives injured workers real options to hold the right parties accountable.
Illinois Workers’ Compensation Rights for Construction Workers
If you are hurt on a construction site in Bloomington, your first legal avenue is typically a workers’ compensation claim. Illinois has strong protections for injured workers under the Workers’ Compensation Act (820 ILCS 305). Under this law, your employer is required to carry workers’ compensation insurance, and you are entitled to benefits regardless of who caused the accident. You do not have to prove your employer did anything wrong to receive benefits.
The Illinois Workers’ Compensation Act (820 ILCS 305/2) provides that an employer “may elect to provide and pay compensation for accidental injuries sustained by himself or any employee, arising out of and in the course of the employment.” In practice, most Illinois employers are covered, and most construction workers are protected. 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 be able to 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 person’s injury was caused or made worse by their employment.
What can you recover through workers’ compensation? Workers’ compensation benefits may include payment for medical treatment, partial wage replacement while the worker is unable to work, and compensation for permanent impairment if the injury results in lasting limitations. These benefits are important, but they do not cover everything. Workers’ compensation does not pay for pain and suffering. It does not replace your full wages. That is why knowing about third-party claims is so critical. Talk to a workers compensation attorney at Briskman Briskman & Greenberg to understand exactly what benefits you qualify for and how to protect your claim from the start.
Third-Party Claims: Getting More Than Workers’ Comp Alone
Workers’ compensation is just one piece of the puzzle. On a busy Bloomington construction site, there may be a general contractor, multiple subcontractors, equipment rental companies, and material suppliers all working at the same time. If any of those parties, outside of your direct employer, caused or contributed to your injury, you may have the right to file a separate personal injury lawsuit against them. This is called a third-party claim.
The Workers’ Compensation Act (820 ILCS 305) addresses situations where multiple contractors are involved. Under the Act, where a contractor or subcontractor is involved, liability can extend beyond the direct employer. The Workers’ Occupational Diseases Act (820 ILCS 310/5) also makes clear that “where the disablement or death for which compensation is payable under this Act was caused under circumstances creating a legal liability for damages on the part of some person other than his employer to pay damages, then legal proceedings may be taken against such other person to recover damages.”
Common third parties involved in such lawsuits include general contractors, subcontractors, architects, construction site property owners, rental companies, tool and equipment manufacturers, and drivers on the road. Third-party claims may allow recovery for damages that workers’ compensation does not cover, including pain and suffering, full wage loss, and reduced future earning capacity. That is a significant difference. Illinois law allows injured workers to pursue both workers’ compensation benefits and a third-party injury claim at the same time. You do not have to choose one or the other. A skilled workers compensation lawyer can help you pursue both paths at once and make sure you do not leave money on the table.
Wrongful Death Claims When a Construction Worker Is Killed
Some construction accidents are fatal. When a worker is killed on a job site near Bloomington, whether it is a fall from scaffolding along a downtown renovation project or a trench collapse near the Heartland Community College campus, the family left behind faces enormous grief and financial hardship. Illinois law provides a path for those families to seek justice.
Under the Illinois Wrongful Death Act (740 ILCS 180/1), “whenever the death of a person shall be caused by wrongful act, neglect or default,” the party responsible “shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured.” This means that if a negligent contractor, equipment manufacturer, or property owner caused your loved one’s death, you may be able to pursue a wrongful death lawsuit in addition to a workers’ compensation claim.
The Workers’ Compensation Act (820 ILCS 305/1.2) also protects families in certain situations. It states that employees, their heirs, and others with standing have “the nonwaivable right to bring such an action against any employer or employers” where compensation recovery would be barred by a period of repose. Families dealing with this kind of loss should not try to handle the legal process alone. The attorneys at Briskman Briskman & Greenberg understand how to pursue wrongful death claims under Illinois law. Contact a workers compensation lawyer from our team to learn about your family’s options right away.
What to Do After a Bloomington Construction Accident
The steps you take right after a construction accident can make or break your claim. If you are hurt on a job site near the McLean County Courthouse, along the Constitution Trail corridor, or anywhere else in the Bloomington-Normal area, here is what you need to do.
First, get medical attention immediately. Do not wait to see if the pain goes away. Some serious injuries, like traumatic brain injuries or internal injuries, may not feel severe right away. Second, report the accident to your supervisor in writing as soon as you can. Illinois law requires reporting within specific time limits, typically within 45 days. Missing that window can hurt your claim. Third, document everything. Document where the accident occurred, what conditions contributed, who witnessed it, and any equipment involved. Collect medical records and keep detailed notes about how the injury affects your ability to work.
Fourth, do not give a recorded statement to any insurance company before talking to an attorney. Insurance adjusters work for the insurer, not for you. Their goal is to minimize what they pay out. Fifth, contact an attorney right away. The formal claim filing deadline before the Illinois Workers’ Compensation Commission is typically within three years of the injury date. Missing these deadlines can jeopardize your right to benefits. Time matters. The sooner you get legal help, the better your chances of building a strong case. Reach out to a workers compensation attorney at Briskman Briskman & Greenberg to get started on protecting your rights today.
Why Choose Briskman Briskman & Greenberg for Your Construction Accident Case
Choosing the right legal team matters. Construction accident cases in Illinois involve multiple laws, multiple parties, and strict deadlines. You need attorneys who understand the Workers’ Compensation Act (820 ILCS 305), the Workers’ Occupational Diseases Act (820 ILCS 310), and the Wrongful Death Act (740 ILCS 180), and who know how to apply them to your specific situation.
Briskman Briskman & Greenberg has a long history of representing injured workers and their families throughout Chicago and the surrounding Illinois area. Our team knows how to investigate construction accidents, identify every party that may be liable, and build the strongest possible case for our clients. We handle both workers’ compensation claims and third-party personal injury lawsuits, so you have one team managing your full recovery.
The high rate of injuries and deaths in Illinois’ construction industry is caused in part by employers’ failure to follow safety regulations. When that happens, workers deserve to be made whole. If successful, personal injury plaintiffs can recover economic damages, including the costs of past and future medical expenses, lost wages, as well as for any decrease in earning capacity caused by the accident. Our attorneys also pursue non-economic damages like pain and suffering in third-party cases. We handle cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you. To learn more about your rights, visit our page on workers compensation attorneys resources, or call us today for a free consultation. You have nothing to lose by reaching out, and everything to gain.
FAQs About Bloomington 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. Workers’ compensation covers medical bills and partial wage replacement through your employer’s insurance. A separate third-party personal injury lawsuit can be filed against a negligent contractor, equipment manufacturer, or property owner who is not your direct employer. Illinois law allows both claims to run at the same time. If you receive a third-party settlement, your workers’ compensation insurer may have a right to reimbursement for benefits already paid, so it is important to have an attorney coordinate both claims carefully.
What if my employer says I cannot file a claim because the accident was my fault?
Illinois workers’ compensation is a no-fault system. That means you can receive benefits even if you contributed to the accident. You do not need to prove your employer was negligent to qualify for workers’ compensation benefits. The key question is whether your injury happened in the course of your employment. Fault only becomes a significant factor in a third-party personal injury lawsuit, not in the workers’ compensation claim itself. Do not let an employer or insurer convince you otherwise.
How long do I have to file a construction accident claim in Illinois?
For workers’ compensation, you generally must notify your employer within 45 days of the accident. The deadline to file a formal claim with the Illinois Workers’ Compensation Commission is typically three years from the date of the injury. For a third-party personal injury lawsuit, the general statute of limitations in Illinois is two years from the date of the injury. Missing any of these deadlines can cost you your right to compensation, so acting quickly is critical.
What types of compensation can I recover in a construction accident case?
Through workers’ compensation, you can recover payment for all medical treatment, temporary total disability benefits equal to two-thirds of your average weekly wage while you cannot work, and permanent disability benefits if your injuries leave lasting limitations. Through a third-party personal injury lawsuit, you can also recover full lost wages, future lost earning capacity, and non-economic damages like pain and suffering and emotional distress. In wrongful death cases, surviving family members may also recover damages under the Illinois Wrongful Death Act (740 ILCS 180).
What should I do if my workers’ compensation claim is denied after a construction accident?
A denied claim is not the end of the road. You have the right to appeal a denial before the Illinois Workers’ Compensation Commission. The Commission has arbitrators who can hear your case and rule on whether you are entitled to benefits. An experienced attorney can help you gather medical records, witness statements, and other evidence to support your appeal. Do not give up simply because an insurance company said no. Contact Briskman Briskman & Greenberg for a free consultation to discuss your options and your next steps.
More Resources About Work Injuries
SEEN ON:
