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Des Plaines Construction Accident Lawyer
Construction work in the Des Plaines area and across Chicago’s northwest suburbs keeps this region moving. From the busy job sites near O’Hare International Airport to the ongoing development along I-294 and Mannheim Road, workers here face real dangers every single day. A serious construction accident can change your life in an instant, leaving you with mounting medical bills, lost wages, and a long road to recovery. If you or a loved one was hurt on a construction site in Des Plaines or the surrounding Chicago area, you deserve to know your legal rights, and Briskman Briskman & Greenberg is here to help.
Table of Contents
- Construction Accidents in the Des Plaines and Chicago Area
- Illinois Laws That Protect Injured Construction Workers
- Workers’ Compensation vs. Personal Injury Claims After a Construction Accident
- Common Construction Accident Injuries and What You Can Recover
- Why Choose Briskman Briskman & Greenberg for Your Des Plaines Construction Accident Case
- FAQs About Des Plaines Construction Accident Lawyers
Construction Accidents in the Des Plaines and Chicago Area
Des Plaines sits at the heart of one of the most active construction corridors in the Chicago metro area. Major infrastructure projects run along the I-90 and I-294 interchange, and development near the O’Hare logistics corridor keeps construction crews working year-round. That level of activity comes with serious risk.
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 sites account for a significant share of those injuries. There are approximately 1,069 fatal occupational injuries in the construction industry each year in the United States, and construction deaths account for 19% of all U.S. worker deaths, the highest of any industry.
What kinds of accidents happen most often? Falls from scaffolding, ladders, and rooftops are a leading cause of death and serious injury. Falls, slips, and trips are the leading cause of death in construction. Of the 1,056 construction worker deaths in 2022, 423 were due to falls, slips, or trips. Workers also get struck by falling objects, caught in heavy machinery, and electrocuted by exposed wiring. Caught-in/between accidents result in over 35,000 annual workplace injuries, occurring when a worker’s body or body part is caught and either compressed or crushed in a piece of equipment, machinery, or collapsing materials.
The sad truth is that many of these accidents are preventable. Many Illinois construction accidents are the result of employers failing to adhere to workplace safety regulations. While some may assume that we just have to accept a high rate of construction accidents, in fact most construction work injuries and deaths are preventable. When an employer, contractor, or property owner cuts corners on safety, injured workers have legal options. An experienced Chicago personal injury lawyer can help you understand exactly what those options are.
Illinois Laws That Protect Injured Construction Workers
Illinois has strong laws in place to protect construction workers who get hurt on the job. Knowing which laws apply to your situation is the first step toward getting fair compensation.
The Illinois Workers’ Compensation Act (820 ILCS 305) is the primary protection for most workers. The Illinois Workers’ Compensation Act requires most employers to carry workers’ compensation insurance. This system allows injured workers to receive medical care, wage replacement, and rehabilitation benefits, while protecting employers from personal injury lawsuits related to workplace accidents. Under Section 2 of the Act, an employer who elects to provide and pay compensation for accidental injuries arising out of and in the course of employment can thereby relieve himself from other liability for damages, except as provided in the Act.
Time limits matter in these cases. 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. 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.
Beyond workers’ compensation, Illinois law also allows injured workers to pursue third-party claims in some situations. For example, if a subcontractor’s negligence caused your injury, you may be able to sue that party directly. Under Illinois Joint and Several Liability law (735 ILCS 5/2-1117), all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. This means multiple parties can share responsibility for your damages. The Illinois Premises Liability Act (740 ILCS 130) may also apply when a property owner’s unsafe conditions contributed to your accident.
A skilled workers compensation attorney can review all of these angles and build the strongest possible case on your behalf.
Workers’ Compensation vs. Personal Injury Claims After a Construction Accident
One of the biggest questions injured construction workers have is whether to file a workers’ compensation claim, a personal injury lawsuit, or both. The answer depends on the facts of your specific situation, and getting it right can make a major difference in your recovery.
Workers’ compensation is a no-fault system. You don’t have to prove your employer was negligent to collect benefits. 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. Benefits typically cover medical expenses, a portion of your lost wages, and rehabilitation costs.
However, workers’ compensation has limits. It generally does not cover pain and suffering. If a third party, such as a general contractor, equipment manufacturer, or property owner, caused or contributed to your accident, you may be able to file a separate personal injury lawsuit against that party. This is where you can seek compensation for the full range of your damages, including pain, suffering, and emotional distress.
Under Section 1.2 of the Illinois Workers’ Compensation Act (820 ILCS 305/1.2), if the recovery of compensation benefits would be precluded due to a period of repose provision, the employee retains the nonwaivable right to bring a civil action against any employer, including an action for wrongful death under the Illinois Wrongful Death Act (740 ILCS 180). This means your rights are protected even in complex situations.
Want to know if you can pursue a claim against your employer? Learn more about workers compensation lawyer resources that can help you understand your options. The attorneys at Briskman Briskman & Greenberg can walk you through both paths and help you decide which approach makes the most sense for you.
Common Construction Accident Injuries and What You Can Recover
Construction accidents can cause a wide range of injuries, from minor cuts and bruises to catastrophic, life-altering conditions. Understanding the types of injuries that commonly occur, and what compensation you may be entitled to, is important before you take any legal steps.
Falls from scaffolding near the Des Plaines River corridor or from elevated platforms at warehouse construction sites along Touhy Avenue can cause broken bones, spinal cord injuries, and traumatic brain injuries. Being struck by a falling object on a job site near the Rosemont entertainment district or at a commercial build along Lee Street can cause crush injuries, internal bleeding, and permanent disability. Electrocution is a considerable risk that construction workers face every day as they are vulnerable to live and exposed wiring. Death by electric shock makes up a little over seven percent of fatalities caused by OSHA’s Focus Four hazards. Even when electric shock is not fatal, the injuries it can leave can be permanent.
In Illinois, injured workers and their families can seek compensation for medical bills, both current and future. Lost wages and reduced earning capacity are also recoverable. In serious cases, damages for pain and suffering, permanent disability, and emotional distress are on the table. If a loved one was killed in a construction accident, the Illinois Wrongful Death Act (740 ILCS 180) allows surviving family members to bring a claim for their losses.
In workers’ compensation cases, you don’t have to pay fees for an attorney up front, nor do you have to worry about getting stuck with a big legal bill if you lose the case. Standard lawyer’s fees are set by the Workers’ Compensation Act, and you will never pay fees unless you win your case. That means there is no financial risk in reaching out to Briskman Briskman & Greenberg to discuss your case. Whether you’re dealing with a broken back from a fall at a Des Plaines job site or a crush injury from heavy equipment on a Cook County project, we want to hear your story. You can also read about the workers compensation lawyer resources available for workplace accidents caused by distracted behavior on the job.
Why Choose Briskman Briskman & Greenberg for Your Des Plaines Construction Accident Case
When you’re hurt on a construction site, you need a legal team that knows Illinois law, understands the local court system, and genuinely cares about getting you the best possible outcome. Briskman Briskman & Greenberg has been fighting for injured workers and their families in the Chicago area for decades, including clients from Des Plaines, Rosemont, Park Ridge, and throughout Cook County.
Construction accident cases are handled at the Cook County Circuit Court, located at the Daley Center in downtown Chicago at Washington and Clark. These cases can be complex, involving multiple contractors, insurance companies, and competing legal theories. Our team knows how to cut through that complexity and focus on what matters most: your recovery and your future.
We handle every aspect of your case, from gathering evidence at the job site to dealing with insurance adjusters who may try to minimize your claim. Even if the employer has no objection to your claim, the insurance company can still deny the claim. Your employer may also contest your work-related injury or illness, or dispute the extent of your disability, average weekly wages, or whether medical bills were necessary. We won’t let that happen without a fight.
Our attorneys stay current on Illinois law, including the Workers’ Compensation Act (820 ILCS 305), the Premises Liability Act (740 ILCS 130), and the Wrongful Death Act (740 ILCS 180). We know how to build a case that holds all responsible parties accountable. Learn about the workers compensation attorney first steps you should take after a workplace injury. Also, get informed about your rights by reviewing workers compensation attorneys resources covering the key things every Illinois worker should know.
If you or someone you love was injured on a construction site in Des Plaines or anywhere in the Chicago area, contact Briskman Briskman & Greenberg today. We offer free consultations, and you pay nothing unless we recover compensation for you. Don’t wait, because deadlines under Illinois law are real, and acting quickly protects your rights.
FAQs About Des Plaines Construction Accident Lawyers
How long do I have to file a construction accident claim in Illinois?
The deadline depends on the type of claim you are filing. For a workers’ compensation claim, you generally must notify your employer within 45 days of the accident and file your claim within three years of the injury date, or two years from the last payment of compensation. For a personal injury lawsuit against a third party, Illinois generally gives you two years from the date of the injury under the statute of limitations. Missing these deadlines can cost you your right to recover. Contact Briskman Briskman & Greenberg as soon as possible after your accident so we can make sure all deadlines are met.
Can I sue my employer after a construction accident in Illinois?
In most cases, the Illinois Workers’ Compensation Act is the exclusive remedy against your direct employer, which means you generally cannot sue your employer in civil court for a workplace injury. However, there are exceptions. If your employer intentionally caused your injury, or if a period of repose would otherwise bar your workers’ compensation claim, Section 1.2 of the Act preserves your right to bring a civil action. You may also have strong claims against third parties, such as subcontractors, equipment manufacturers, or property owners. An attorney at Briskman Briskman & Greenberg can review your case and identify every available legal avenue.
What if I was injured on a construction site but I am not a full-time employee?
Part-time and seasonal workers are covered under the Illinois Workers’ Compensation Act just like full-time employees. The law requires most Illinois employers to carry workers’ compensation insurance regardless of how many hours a week you work. Independent contractors are generally not covered, but many workers are misclassified as contractors when they should legally be treated as employees. If you are unsure about your status, it is worth having an attorney review your situation before you assume you have no claim.
What kinds of compensation can I recover after a Des Plaines construction accident?
Through a workers’ compensation claim, you can recover medical expenses, a portion of your lost wages, rehabilitation costs, and disability benefits if your injury is permanent or long-term. If you also have a third-party personal injury claim, you may be able to recover additional compensation for pain and suffering, full lost wages, loss of future earning capacity, and emotional distress. In cases where a loved one died in a construction accident, the Illinois Wrongful Death Act allows surviving family members to seek compensation for their losses. The attorneys at Briskman Briskman & Greenberg will work to maximize your total recovery across all available claims.
What should I do immediately after a construction accident in Des Plaines?
Your first priority is your health, so seek medical attention right away, even if your injuries seem minor at first. Report the accident to your employer as soon as possible, and do so in writing if you can. Photograph the accident scene, your injuries, and any equipment or conditions that contributed to the accident. Get contact information from any witnesses. Do not give a recorded statement to any insurance company without first speaking to an attorney. Then call Briskman Briskman & Greenberg for a free consultation. The steps you take in the hours and days after an accident can have a big impact on the strength of your claim.
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