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Decatur Construction Accident Lawyer
Construction work is one of the most physically demanding and dangerous jobs in Illinois. Whether you work near the Chicago River in the West Loop, along the I-90/94 Expressway corridor, or at a job site in Decatur, a serious construction accident can change your life in an instant. Medical bills pile up. You miss work. Your family feels the strain. If you or someone you love was hurt on a construction site, you have rights under Illinois law, and Briskman Briskman & Greenberg is here to help you understand them.
Table of Contents
- Why Construction Accidents in the Chicago Area Are So Serious
- Illinois Workers’ Compensation and Your Rights as a Construction Worker
- When You Can Sue Beyond Workers’ Compensation: Third-Party Claims
- What Damages Can You Recover After a Decatur Construction Accident?
- Steps to Take After a Construction Accident in Illinois
- Why Choose Briskman Briskman & Greenberg for Your Construction Accident Case
- FAQs About Decatur Construction Accident Lawyers in Chicago, IL
Why Construction Accidents in the Chicago Area Are So Serious
Chicago is one of the busiest construction cities in the country. From high-rise developments in the Loop to infrastructure projects along the Kennedy Expressway, construction crews work in conditions that carry real risk every single day. Over 100,000 workplace accidents occur in Illinois each year. That is not a small number. Behind every statistic is a real worker who went to a job site and came home injured, or did not come home at all.
Construction sites are especially dangerous because of the sheer number of hazards present at any given time. Heavy machinery, scaffolding, electrical systems, open trenches, and falling materials all create serious risks. From heights to heavy machinery and other hazards, construction jobs pose substantial risk. In 2023, the industry contributed to nearly 25% of all workplace deaths. Falls are among the deadliest hazards. Falls were the second most common cause of workplace death in Illinois in 2023, contributing to 17% of total workplace deaths. Falling can happen in every type of job, but the risk of death is much higher when working at greater heights, in cluttered walkways, or around uneven or slippery surfaces. Workers with the highest level of risk include construction workers, particularly roofers, painters, steelworkers, and framers.
Being struck by objects is another major cause of construction injuries. 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 contributed to 16% of all Illinois workplace deaths in 2023.
If you were hurt at a construction site anywhere in the Chicago metro area, including projects near Millennium Park, O’Hare International Airport, or along the lakefront, you need to understand your legal options right away. The team at Briskman Briskman & Greenberg can help you take the right steps from day one.
Illinois Workers’ Compensation and Your Rights as a Construction Worker
Most injured construction workers in Illinois are entitled to workers’ compensation benefits. Under the Illinois Workers’ Compensation Act (820 ILCS 305), employers are required to provide compensation for accidental injuries that arise out of and in the course of employment. This system is designed to make sure you get medical care and wage replacement without having to prove your employer did anything wrong.
The law is clear on who qualifies. The Illinois Workers’ Compensation Act (820 ILCS 305) mandates that employers provide benefits to employees injured on the job, covering medical expenses, a portion of lost wages, and disability benefits. This system operates on a no-fault basis, meaning employees are entitled to benefits regardless of who caused the injury. That means even if a coworker made a mistake that led to your injury, you can still file a workers’ compensation claim.
Workers’ compensation covers a wide range of benefits. You can receive payment for medical treatment, temporary total disability benefits while you recover, and permanent disability benefits if your injuries leave lasting effects. Under 820 ILCS 305, the law also provides for compensation for serious and permanent disfigurement to areas such as the hand, head, face, neck, arm, or leg. These benefits exist to protect you and your family during a difficult time.
However, workers’ compensation has limits. Workers’ comp does not cover pain and suffering, and it only pays a portion of your lost wages. A third-party claim could cover the full amount. That gap can be significant, especially if your injuries are severe or permanent. A skilled workers compensation attorney can review your case and make sure you are not leaving money on the table. Contact Briskman Briskman & Greenberg to find out what your claim is really worth.
When You Can Sue Beyond Workers’ Compensation: Third-Party Claims
Here is something many injured construction workers do not know. Workers’ compensation is often just one part of your legal options. Illinois law allows you to file a third-party personal injury lawsuit at the same time as your workers’ compensation claim, as long as someone other than your direct employer caused or contributed to your injury.
Construction sites in Chicago and the surrounding area routinely involve multiple contractors, subcontractors, equipment suppliers, and property owners all working in the same space. In Illinois, the legal framework protects workers from hazards on shared job sites, where actions by one company can easily create risks for others. For example, if a subcontractor leaves debris in a hallway or fails to secure scaffolding, they create an unreasonable risk of harm.
Who can be held responsible in a third-party claim? The list is broader than most people expect. Lawsuits for a construction injury or a wrongful death caused by a construction accident can be filed against independent contractors, general contractors, property owners, suppliers of defective scaffolding or safety equipment, subcontractors, or careless heavy equipment operators. If a piece of equipment failed because of a manufacturing defect, the equipment maker could be liable. If a property owner knew about a dangerous condition and said nothing, they could face a lawsuit too.
Under 820 ILCS 305, when a loaned employee is injured and the borrowing employer fails to pay benefits, the loaning employer can be held jointly and severally liable. This shows how Illinois law recognizes that liability on construction sites can involve more than one party. Injured workers can simultaneously pursue workers’ compensation benefits and third-party lawsuits. You do not have to choose one or the other. A workers compensation lawyer at Briskman Briskman & Greenberg can help you pursue both paths and maximize your total recovery.
What Damages Can You Recover After a Decatur Construction Accident?
The compensation available to you depends on the type of claim you file. Workers’ compensation covers your medical bills and a portion of your lost wages. But a third-party personal injury lawsuit can go much further. These include pain and suffering, emotional distress, and the full loss of future earning capacity, none of which are typically available through the workers’ compensation system.
Think about what a serious construction injury actually costs. There are emergency room bills, surgeries, physical therapy, and follow-up care. There is the income you lose while you are recovering. There is the income you may never earn again if your injury leaves you permanently disabled. There is the pain you live with every day and the emotional toll it takes on your family. A third-party lawsuit can seek compensation for all of these losses.
Under the Illinois Wrongful Death Act (740 ILCS 180), if a construction accident results in a death, surviving family members may have the right to bring a wrongful death claim. The law states that when a death is caused by a wrongful act, neglect, or default, the responsible party remains liable for damages, including punitive damages where applicable. This applies even if the death occurred under circumstances that amount to a felony under Illinois law.
Workers’ compensation also provides disfigurement benefits. Under 820 ILCS 305, serious and permanent disfigurement to the hand, head, face, neck, arm, leg, or chest can entitle an injured worker to up to 162 weeks of compensation at the applicable rate. These benefits are separate from medical and wage loss benefits.
Do not assume that the first offer from an insurance company is fair. Insurance companies are in the business of paying as little as possible. An experienced workers compensation lawyer at Briskman Briskman & Greenberg knows how to build a strong case and fight for every dollar you deserve. Reach out today for a free consultation.
Steps to Take After a Construction Accident in Illinois
What you do in the hours and days after a construction accident can have a major impact on your case. Acting quickly and carefully protects both your health and your legal rights. Here is what you should do right away.
First, get medical help immediately. Even if you think your injuries are minor, some serious conditions do not show symptoms right away. A doctor’s evaluation creates a medical record that connects your injuries to the accident. Do not skip this step.
Second, report the accident to your employer or site supervisor as soon as possible. Under Illinois workers’ compensation law, you generally need to notify your employer within 45 days of the accident. Missing this deadline can affect your ability to collect benefits. An workers compensation attorney can walk you through these requirements in detail.
Third, document everything you can. Take photos of the accident scene, your injuries, and any equipment or conditions that contributed to the accident. Write down the names of witnesses. Save all medical records and bills. Keep a journal of how your injuries affect your daily life. This documentation is critical to building a strong claim.
Fourth, be careful about what you say to insurance adjusters. Do not sign anything from insurance companies without legal advice. Insurance companies may try to get a recorded statement that minimizes your injuries or shifts blame onto you. Let an attorney handle those conversations.
Finally, contact Briskman Briskman & Greenberg. Time limits apply to both workers’ compensation claims and personal injury lawsuits in Illinois. Most Illinois personal injury lawsuits, including third-party work injury claims, must be filed within two years of the date of the accident. Waiting too long can cost you your right to compensation. Our team is ready to review your case and help you understand all of your options. There are also important things you should know about your rights under Illinois law, and our workers compensation attorneys are here to guide you through every step of the process.
Why Choose Briskman Briskman & Greenberg for Your Construction Accident Case
Choosing the right legal team matters. Construction accident cases in Illinois are often complex. Multiple parties may be involved. There may be disputes over who was at fault. Insurance companies will have experienced adjusters and lawyers working to limit what they pay. You need a team that knows Illinois personal injury law inside and out and is committed to fighting for you.
Briskman Briskman & Greenberg has been serving injured workers and their families in the Chicago area for years. We handle both workers’ compensation claims and personal injury lawsuits, so we can look at your case from every angle and pursue every available avenue for compensation. Whether your accident happened near the Chicago Riverwalk, at a job site along the Dan Ryan Expressway, in a neighborhood like Pilsen or Bridgeport, or anywhere else in the metro area, we are ready to help.
We work on a contingency fee basis. That means you pay nothing unless we recover money for you. There is no risk in calling us. We will review the facts of your case, explain your rights under Illinois law, and give you an honest assessment of your options. You have been through enough. Let us handle the legal fight while you focus on recovering.
As a Chicago personal injury lawyer team with deep roots in this community, Briskman Briskman & Greenberg understands what is at stake for you and your family. Call us today or reach out online to schedule your free consultation. The sooner you act, the stronger your case can be.
FAQs About Decatur Construction Accident Lawyers in Chicago, IL
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 at the same time. Workers’ compensation covers your medical bills and a portion of your lost wages regardless of fault. A third-party personal injury lawsuit can be filed against any party other than your direct employer who contributed to your injury, such as a subcontractor, equipment manufacturer, or property owner. If your third-party claim results in a settlement or judgment, your employer’s workers’ compensation insurer may have a right to reimbursement for benefits already paid, a process known as subrogation. An attorney can help you manage both claims and make sure you keep as much of your recovery as possible.
What is the deadline for filing a construction accident lawsuit in Illinois?
For most personal injury lawsuits in Illinois, including third-party construction accident claims, you have two years from the date of the accident to file. Workers’ compensation claims have their own separate deadlines. You generally must report the injury to your employer within 45 days and file your workers’ compensation claim within three years of the accident, or two years from the last payment of compensation, whichever is later. Missing any of these deadlines can seriously harm your case, so it is important to speak with an attorney as soon as possible after your accident.
What types of compensation can I recover in a construction accident case?
Through workers’ compensation, you can recover payment for medical treatment, temporary and permanent disability benefits, and compensation for serious disfigurement. Through a third-party personal injury lawsuit, you can also seek damages for pain and suffering, emotional distress, full lost wages (not just a portion), loss of future earning capacity, and, in wrongful death cases, damages for surviving family members. The total value of your case depends on the severity of your injuries, the parties involved, and the strength of the evidence. An attorney can give you a realistic assessment of what your case may be worth.
Who can be held responsible for a construction accident in Illinois?
Liability in a construction accident case can extend to multiple parties. Depending on the circumstances, responsible parties may include the general contractor, subcontractors, property owners, equipment manufacturers, equipment rental companies, and site managers. Under Illinois law, a party found to be at least 25% responsible for your injury can be held liable for the full amount of your damages under joint and several liability rules. A thorough investigation of your accident is essential to identifying all potentially responsible parties and building the strongest possible case.
Do I need a lawyer to file a workers’ compensation claim after a construction accident?
You are not legally required to have a lawyer to file a workers’ compensation claim in Illinois, but having one makes a significant difference. Insurance companies often dispute claims, deny benefits, or offer settlements that do not fully cover your losses. An attorney can make sure your claim is filed correctly and on time, gather the evidence needed to support your case, negotiate with the insurance company on your behalf, and represent you before the Illinois Workers’ Compensation Commission if necessary. At Briskman Briskman & Greenberg, we handle workers’ compensation and personal injury cases on a contingency fee basis, so there is no upfront cost to getting help.
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