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Mt. Prospect Construction Accident Lawyer
Construction work is one of the most physically demanding and dangerous jobs in Illinois. If you work on a job site in Mt. Prospect or anywhere in the Chicago area, you already know the risks that come with the territory. Scaffolding collapses, falling objects, equipment failures, and electrical hazards can happen without warning. When they do, the injuries are often serious, sometimes life-changing. If you or someone you love has been hurt on a construction site, you need to understand your legal rights, and you need to act fast. Briskman Briskman & Greenberg is a Chicago personal injury lawyer firm that has helped injured workers in Mt. Prospect, the northwest suburbs, and across the Chicago metro area get the compensation they deserve.
Table of Contents
- Construction Accidents in Mt. Prospect and the Chicago Area
- Your Legal Rights Under Illinois Law
- Common Causes of Construction Accidents in Mt. Prospect
- Workers’ Compensation vs. Third-Party Claims: What’s the Difference?
- Why You Should Contact Briskman Briskman & Greenberg
- FAQs About Mt. Prospect Construction Accident Lawyers
Construction Accidents in Mt. Prospect and the Chicago Area
Mt. Prospect sits along the Northwest Highway corridor, just minutes from O’Hare International Airport and the busy I-90/I-294 interchange. The area sees constant commercial and residential development. From new builds along Rand Road to infrastructure work near the Metra UP-NW line, construction activity is a daily reality for this community. That means construction workers are always on the job, and unfortunately, that also means accidents happen.
Illinois is one of the busiest construction states in the country. Over 100,000 workplace accidents occur in Illinois each year. Construction sites account for a significant share of those incidents. 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. Those numbers are sobering, but they represent real people, real families, and real suffering.
OSHA identifies what it calls the “Fatal Four” in construction: falls, being struck by an object, electrocutions, and caught-in/between accidents. The Bureau of Labor Statistics reports that of 1,056 construction workers who suffered fatal on-the-job injuries in 2022, 423 of them died in falls. Falls from scaffolding, ladders, and rooftops are the leading cause of death on Illinois construction sites. Falls are the second most common cause of workplace death in Illinois, contributing to 17% of Illinois’ total workplace deaths in 2023, and the risk of death is much higher when working at higher heights, in cluttered walkways, or around uneven or slippery surfaces.
If you were hurt on a construction site in Mt. Prospect or nearby communities like Arlington Heights, Des Plaines, or Palatine, you may have more legal options than you realize. A call to Briskman Briskman & Greenberg can help you understand exactly where you stand.
Your Legal Rights Under Illinois Law
Illinois law gives injured construction workers strong protections. The two main legal paths after a construction accident are a workers’ compensation claim and a third-party personal injury lawsuit. Understanding both is critical to maximizing your recovery.
Under the workers compensation attorney framework established by the Illinois Workers’ Compensation Act (820 ILCS 305), most employers in Illinois are required to carry workers’ compensation insurance. This system provides benefits for medical expenses, lost wages, and disability, regardless of who caused the accident. You do not need to prove your employer was negligent to collect workers’ comp benefits. You just need to show the injury happened at work.
But workers’ compensation is not the only option. If a third party, such as a general contractor, subcontractor, equipment manufacturer, or property owner, contributed to your accident, you may also be able to file a personal injury lawsuit. Illinois law under 735 ILCS 5/2-1117 provides that 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 injuries, and you can pursue compensation from each one.
Illinois also follows a modified comparative negligence rule under 735 ILCS 5/2-1116. This means you can still recover damages even if you were partially at fault for the accident, as long as your share of fault does not exceed 50%. If it does not, your award is simply reduced by your percentage of fault. So even if you think you may have made a mistake on the job, you may still have a strong case. Talk to the team at Briskman Briskman & Greenberg before you assume anything.
Common Causes of Construction Accidents in Mt. Prospect
Construction accidents rarely happen because of one single mistake. They usually result from a combination of unsafe conditions, poor training, and employer negligence. Knowing what caused your accident matters, because it determines who can be held legally responsible.
Falls from heights are the most common cause of serious construction injuries. Workers who fall from scaffolding, ladders, or elevated platforms near sites like the busy Central Road corridor in Mt. Prospect often suffer broken bones, spinal injuries, and traumatic brain injuries. The workers with the highest level of risk for falling deaths are construction workers, particularly roofers, painters, steelworkers, and framers. Falls can often go from injurious to fatal if protective equipment, such as harnesses or netting, is poorly maintained or not in use.
Being struck by falling objects is another leading cause of injury. On a busy job site, tools, materials, and debris can fall from overhead at any time. Workers who are not provided with proper hard hats or who work in areas without adequate barriers are especially vulnerable.
Electrocution is a constant danger on construction sites, especially near overhead power lines or in buildings where wiring is being installed or upgraded. Equipment accidents, including injuries from forklifts, cranes, and power tools, are also common. Trench collapses are another serious hazard, particularly on road and utility projects near areas like the I-290 corridor that runs through the broader northwest suburbs.
It is the mission of the Illinois Department of Labor, Division of Occupational Safety and Health (IL OSHA) to ensure safe and healthy working conditions by setting and enforcing standards and providing training, outreach, education, and assistance to employers and employees throughout Illinois. When employers fail to follow those standards, workers pay the price. If your employer or a contractor on your job site ignored safety rules, they may be liable for your injuries.
Workers’ Compensation vs. Third-Party Claims: What’s the Difference?
Many injured construction workers in Mt. Prospect do not realize they may be able to pursue both a workers’ compensation claim and a separate personal injury lawsuit at the same time. These are two different legal remedies, and they can work together to help you recover more fully.
Workers’ compensation covers your medical bills and a portion of your lost wages, but it does not compensate you for pain and suffering, full lost future earnings, or reduced quality of life. A workers compensation lawyer can help you understand whether you have a claim against your employer under the Illinois Workers’ Compensation Act. At the same time, if a third party, such as a property owner, a general contractor who was not your direct employer, or a manufacturer of defective equipment, played a role in your accident, you may have a separate civil claim against them.
A third-party personal injury lawsuit can recover far more than workers’ compensation alone. You can seek compensation for pain and suffering, full wage loss, future medical costs, and more. Illinois law at 820 ILCS 305/1.2 also preserves the right to bring a civil action in cases where workers’ compensation benefits would be barred by a repose provision. In other words, the law protects your right to seek justice even in situations where the standard workers’ comp route may be blocked.
If a construction accident results in a fatality, the family of the deceased may also have a claim under the Illinois Wrongful Death Act (740 ILCS 180/1). Under that law, whenever death is caused by a wrongful act or neglect, the responsible party can be held liable for damages, including punitive damages in applicable cases. A workers compensation lawyer at Briskman Briskman & Greenberg can walk you through every option available to your family.
Why You Should Contact Briskman Briskman & Greenberg
After a construction accident, the clock starts ticking right away. In Illinois, the statute of limitations for personal injury cases is generally two years from the date of the injury. Workers’ compensation claims have their own strict deadlines too. Missing these deadlines can mean losing your right to recover anything at all. Acting quickly is not just smart, it is essential.
Briskman Briskman & Greenberg has deep roots in the Chicago area and serves clients across the northwest suburbs, including Mt. Prospect, Rolling Meadows, Schaumburg, and communities near the Cook County courthouse in Skokie. The firm handles construction accident cases involving falls, equipment failures, electrocutions, scaffolding collapses, and more. The team understands both the workers’ compensation system and the civil court system, and they know how to pursue every available avenue of recovery for injured workers.
Occupational safety and health standards enforcement for employers in Illinois is a shared responsibility between the U.S. Department of Labor (federal OSHA) and the Illinois Department of Labor (IL OSHA). When those standards are violated and a worker gets hurt, someone must be held accountable. A skilled workers compensation attorney can investigate the accident, identify all liable parties, and build a strong case on your behalf.
The workers compensation attorneys at Briskman Briskman & Greenberg handle cases on a contingency fee basis, which means you pay nothing unless they recover compensation for you. There is no risk in making the call. If you or someone you love was hurt on a construction site in Mt. Prospect or anywhere in the greater Chicago area, reach out to Briskman Briskman & Greenberg today. You deserve answers, and you deserve to know your options.
FAQs About Mt. Prospect 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 pursue both at the same time. Workers’ compensation covers your medical bills and partial lost wages regardless of fault. If a third party, such as a general contractor, equipment manufacturer, or property owner, contributed to your accident, you may also file a separate personal injury lawsuit against them. A personal injury lawsuit can recover damages that workers’ compensation does not cover, including pain and suffering and full lost income.
What if I was partially at fault for my construction accident in Mt. Prospect?
You may still be able to recover compensation. Illinois follows a modified comparative negligence rule under 735 ILCS 5/2-1116. As long as your share of the fault is 50% or less, you can still recover damages. Your total award would be reduced by the percentage of fault assigned to you. So if you were found 20% at fault and your damages total $100,000, you would recover $80,000. Do not assume your partial fault ends your case before speaking with an attorney.
How long do I have to file a construction accident claim in Illinois?
The statute of limitations for personal injury lawsuits in Illinois is generally two years from the date of the injury. For workers’ compensation claims, you typically have three years from the date of the accident or two years from the last payment of compensation, whichever is later, to file with the Illinois Workers’ Compensation Commission. These deadlines are strict. Missing them can cost you your right to recover anything at all, so it is important to contact an attorney as soon as possible after your accident.
What types of compensation can I recover after a construction accident?
Through a workers’ compensation claim, you can recover medical expenses, temporary and permanent disability benefits, and a portion of your lost wages. Through a third-party personal injury lawsuit, you can also recover pain and suffering, full lost wages, loss of future earning capacity, and other damages not available through workers’ comp. In cases involving a fatality, surviving family members may pursue a wrongful death claim under 740 ILCS 180/1, which can include compensation for grief, loss of companionship, and financial support.
What should I do immediately after a construction accident in Mt. Prospect?
First, get medical attention right away, even if you feel your injuries are minor. Some serious injuries, like traumatic brain injuries or internal bleeding, may not show symptoms immediately. Report the accident to your employer as soon as possible and document everything you can, including photos of the scene, names of witnesses, and the conditions that caused the accident. Preserve any evidence, including defective equipment or tools. Then contact an attorney before giving any recorded statements to insurance companies. What you say early in the process can affect your case significantly.
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