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Cicero Construction Accident Lawyer
Construction work is one of the most dangerous jobs in the country, and Cicero is no exception. Located just west of Chicago along the Stevenson Expressway (I-55) corridor and bordered by neighborhoods like Berwyn, Little Village, and Pilsen, Cicero sees a steady flow of construction activity, from residential builds along busy streets like Cermak Road to large commercial projects near the Hawthorne Works area. When a construction accident happens, the consequences can be severe. Medical bills pile up, paychecks stop, and families are left wondering what comes next. If you or someone you love was hurt on a job site in or around Cicero, Briskman Briskman & Greenberg is here to help you understand your rights and fight for the compensation you deserve.
Table of Contents
- Construction Accidents in the Cicero and Chicago Area
- Your Rights Under Illinois Workers’ Compensation Law
- Workers’ Compensation vs. Third-Party Claims: What Is the Difference?
- What Compensation Can You Recover After a Cicero Construction Accident?
- Why Choose Briskman Briskman & Greenberg for Your Cicero Construction Accident Case?
- FAQs About Cicero Construction Accident Lawyers
Construction Accidents in the Cicero and Chicago Area
Construction sites are busy, loud, and filled with hazards. Workers face risks every single day, from heavy equipment and scaffolding to electrical lines and open trenches. The numbers make this clear. From heights to heavy machinery and other hazards, construction jobs pose substantial risk, and in 2023, the industry contributed to nearly 25% of all workplace deaths. That is a staggering share of all fatalities across every industry in the country.
In the Cicero area, construction projects run year-round. You see them along the Eisenhower Expressway (I-290), near Hawthorne Race Course, and throughout the dense residential streets that make up this tight-knit community. Workers on these sites face the same dangers that cost thousands of workers their health and livelihoods every year. Falls, slips, and trips remain the leading cause of fatalities, accounting for 38.4% of all construction deaths. Beyond falls, 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.
Other common accidents include electrocutions from live wiring, caught-in or between incidents involving machinery, and trench collapses. Falls are the second most common cause of workplace death in Illinois, contributing to 17% of Illinois’ total workplace deaths in 2023. Workers who survive these accidents often face long recoveries, permanent disability, and financial hardship. Knowing your legal options right away can make a real difference in your recovery.
If you were hurt on a construction site near Cicero, Chicago, or anywhere in Cook County, contact Briskman Briskman & Greenberg. As a trusted Chicago personal injury lawyer team, we know how to build strong cases for injured construction workers.
Your Rights Under Illinois Workers’ Compensation Law
Illinois law gives construction workers strong protections when they are hurt on the job. Under the Illinois Workers’ Compensation Act (820 ILCS 305), most workers in this state are covered from their first day on the job. You do not have to prove your employer was negligent. You just need to show the injury happened at work and arose out of your employment.
Workers’ compensation benefits are not taxable under state or federal law. By law, the employer is responsible for the cost of workers’ compensation benefits. Most employers buy workers’ compensation insurance, and the insurance company pays the benefits on the employer’s behalf. No part of the workers’ compensation insurance premium or benefit can be charged to the employee. That means you should never be asked to pay out of pocket for your own workplace injury coverage.
Time limits matter here. Generally, the employee must notify the employer as soon as practicable, but no later than 45 days after the accident. Any delay in the notice to the employer can delay the payment of benefits. Beyond that notice requirement, in Illinois, workers generally have three years from the date of injury, or two years from the last payment of compensation, to file a claim. Missing these deadlines may result in losing your right to benefits.
The Illinois Workers’ Compensation Act also covers situations involving contractors and subcontractors. Under 820 ILCS 305, when a contractor or subcontractor is involved, a timely filing of a claim against any one of them is considered timely with respect to all parties upon whom liability is imposed. This is important on large Cicero job sites where multiple contractors work side by side.
A skilled workers compensation attorney at Briskman Briskman & Greenberg can walk you through every step of this process and make sure you do not miss a single deadline.
Workers’ Compensation vs. Third-Party Claims: What Is the Difference?
Many injured construction workers do not realize they may have two separate legal claims. Workers’ compensation is one option. A third-party personal injury lawsuit is another. These two paths are not mutually exclusive, and understanding both can significantly increase your total recovery.
Workers’ compensation covers your medical bills and a portion of your lost wages. It is a no-fault system, meaning you collect benefits even if you were partly responsible for the accident. However, workers’ compensation does not cover pain and suffering or the full extent of your lost earning capacity. That is where a third-party claim comes in.
On a construction site in Cicero, many parties may be present beyond your direct employer. General contractors, subcontractors, equipment manufacturers, and property owners all have their own duties to keep the site safe. If any of these parties caused or contributed to your injury, you may be able to sue them directly. Under Illinois law (735 ILCS 5/2-1117), any defendant found to be at least 25% responsible for the injury can be held liable for the entire amount of damages, ensuring that the injured party can recover full compensation even if one party cannot pay.
Illinois also follows a modified comparative fault rule. Illinois follows a modified comparative fault system. If an injured party is found to be more than 50% at fault for their own injury, they are barred from recovering damages. If they are 50% or less at fault, their compensation is reduced proportionally to their degree of fault.
Want to know if you have a third-party claim? Talk to a workers compensation lawyer at Briskman Briskman & Greenberg today. We review your case at no cost to you.
What Compensation Can You Recover After a Cicero Construction Accident?
After a serious construction accident, your financial losses can be enormous. Medical care for crush injuries, spinal cord damage, traumatic brain injuries, or severe burns can cost hundreds of thousands of dollars. Many injured workers also face months or years away from work. The law allows you to pursue compensation for all of these losses.
Through a workers’ compensation claim, you may be entitled to full payment of all reasonable and necessary medical expenses, temporary total disability (TTD) benefits while you are off work, and permanent partial or total disability benefits if your injuries leave lasting impairment. In workers’ compensation cases, you don’t have to pay fees for an attorney up front. Standard lawyer’s fees are set by the Workers’ Compensation Act, and you will never pay fees unless you win your case. Normally, the fee is twenty percent (20%) of your settlement and is paid at the conclusion of the case.
Through a third-party personal injury lawsuit, you can pursue additional damages that workers’ compensation does not cover. These include pain and suffering, loss of quality of life, and the full value of your lost future earnings. If a loved one was killed in a construction accident near Cicero or anywhere in Cook County, a wrongful death claim may also be available under Illinois law.
The Illinois Workers’ Compensation Act also addresses situations where a loaning employer sends a worker to another employer’s job site. Under 820 ILCS 305, if a worker is loaned to another employer and that borrowing employer fails to pay benefits after an injury, the loaning employer is jointly and severally liable for all benefits owed. This matters on complex Cicero job sites where workers are often shared between companies.
An experienced workers compensation lawyer from Briskman Briskman & Greenberg will identify every source of compensation available to you. We leave nothing on the table.
Why Choose Briskman Briskman & Greenberg for Your Cicero Construction Accident Case?
Cicero workers deserve a legal team that understands both Illinois workers’ compensation law and personal injury litigation. Not every firm handles both. Briskman Briskman & Greenberg does. Our attorneys have helped injured workers across the Chicago metro area, from the Pilsen neighborhood and the 26th Street corridor to the industrial zones near the Stevenson Expressway and beyond.
We know the courts that handle these cases. Cook County construction accident claims often move through the Richard J. Daley Center in downtown Chicago, and our team knows how to handle every stage of that process. We also know how insurance companies think. They want to pay you as little as possible, as quickly as possible. Our job is to make sure that does not happen.
It is better to consult with an attorney early in the process, as you may not be taking advantage of benefits you did not know you had, and you may give up rights you did not know you had. The sooner you call us, the better positioned you are to protect your claim.
We handle construction accident cases on a contingency fee basis. That means you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly fees. Our workers compensation attorney team will handle all the paperwork, communications with insurance companies, and legal filings so you can focus on getting better.
Our workers compensation attorneys also make sure you understand the six key things every Illinois worker should know about their workers’ compensation rights. Knowledge is power, and we want you to have both. Call Briskman Briskman & Greenberg today for a free consultation. You have nothing to lose and everything to gain.
FAQs About Cicero Construction Accident Lawyers
How long do I have to file a construction accident claim in Illinois?
You generally have three years from the date of your injury to file a workers’ compensation claim in Illinois, or two years from the last payment of compensation, whichever is later. For a third-party personal injury lawsuit, the standard statute of limitations is two years from the date of the injury. Missing either deadline can eliminate your right to compensation, so contact an attorney as soon as possible after your accident.
Can I file both a workers’ compensation claim and a personal injury lawsuit?
Yes, in many cases you can. Workers’ compensation covers your medical bills and a portion of your lost wages. A third-party lawsuit allows you to pursue additional damages like pain and suffering and full lost earnings. If someone other than your direct employer, such as a general contractor, subcontractor, or equipment manufacturer, contributed to your accident, a separate lawsuit against that party may be possible alongside your workers’ comp claim.
What if my employer does not have workers’ compensation insurance?
Under Illinois law, employers who fail to carry workers’ compensation insurance lose the protection of the exclusive remedy rule. That means you may be able to sue your employer directly in civil court for damages. The Illinois Workers’ Compensation Commission also has mechanisms to pursue employers who are not in compliance. An attorney can help you identify the right path forward depending on your situation.
Do I have a case if I was partially at fault for my construction accident?
Workers’ compensation is a no-fault system, so your own negligence does not prevent you from collecting those benefits. For a third-party personal injury lawsuit, Illinois uses a modified comparative fault rule. As long as you are 50% or less at fault, you can still recover damages, though your award will be reduced by your percentage of fault. If you are found more than 50% at fault, you cannot recover in a civil lawsuit.
What types of injuries are covered by Illinois workers’ compensation for construction workers?
Illinois workers’ compensation covers any injury that arises out of and in the course of your employment. For construction workers, this includes broken bones, traumatic brain injuries, spinal cord injuries, crush injuries, burns, electrocution injuries, and hearing loss. Occupational diseases caused by workplace exposures are also covered under the Illinois Workers’ Occupational Diseases Act (820 ILCS 310). Even aggravation of a pre-existing condition may be covered if your job made it worse.
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