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Peoria Construction Accident Lawyer
Construction sites across Chicago and the surrounding Peoria area are among the most dangerous work environments in Illinois. From the high-rise developments rising along the Chicago River to the road construction projects stretching down I-74 near Peoria, workers face serious risks every single day. When an accident happens, the physical, emotional, and financial toll can be overwhelming. That is why having the right legal support matters so much. At Briskman Briskman & Greenberg, we help injured construction workers and their families understand their rights and pursue the compensation they deserve under Illinois law.
Table of Contents
- The Reality of Construction Accidents in Illinois
- Illinois Law and Your Rights as an Injured Construction Worker
- Common Types of Construction Accidents and Injuries We Handle
- Filing a Claim: Deadlines and What You Need to Know
- What Compensation Can You Recover After a Construction Accident?
- FAQs About Peoria Construction Accident Lawyers in Chicago, IL
The Reality of Construction Accidents in Illinois
Construction is one of the most dangerous industries in the country, and Illinois is no exception. There were 5,070 fatal work injuries recorded in the United States in 2024, down 4.0 percent from 5,283 in 2023. Despite that slight decline, the numbers remain alarming, especially for construction workers. In 2022, the construction industry accounted for nearly one in every five workplace fatalities, and falls, slips, and trips remain the leading cause of fatalities, accounting for 38.4% of all construction deaths.
Here in Illinois, construction projects are everywhere. Think about the massive infrastructure work along I-55, the building booms in the West Loop, and the ongoing development near Soldier Field on the lakefront. Workers on these sites face hazards that include falling from scaffolding, being struck by heavy equipment, and getting caught in machinery. Struck-by injuries remain a significant cause of construction worker fatalities. Electrocution is also a constant threat. Electrocutions account for 8% of construction fatalities.
OSHA has identified what it calls the “Focus Four” hazards in construction: falls, struck-by incidents, electrocutions, and caught-in/between accidents. These four categories cause the majority of construction deaths year after year. Fall protection general requirements (29 CFR 1926.501) remain the most frequently cited OSHA standard in fiscal year 2024. That tells you something important: employers are still failing to protect their workers, even after years of warnings and citations.
If you or a loved one was hurt on a construction site anywhere near Chicago or Peoria, you have legal options. Understanding those options starts with knowing what the law says about your rights as an injured worker in Illinois.
Illinois Law and Your Rights as an Injured Construction Worker
Illinois law provides strong protections for construction workers who are hurt on the job. The Illinois Workers’ Compensation Act (820 ILCS 305) is the primary law that governs work injury claims in this state. Under this act, the provisions apply automatically and without election to all employers and employees engaged in the erection, maintaining, removing, remodeling, altering or demolishing of any structure, as well as construction, excavating or electrical work. In plain terms, if you work construction in Illinois, your employer is required to carry workers’ compensation coverage.
What does that mean for you? It means that if you are hurt on the job, you have the right to file a workers’ compensation claim to cover your medical bills, a portion of your lost wages, and other related costs. Under 820 ILCS 305/2, an employer who elects to provide and pay compensation for accidental injuries arising out of and in the course of employment can relieve themselves from broader liability, but that also means workers get a guaranteed source of benefits without having to prove fault.
There is also an important protection built into the law for situations where a subcontractor is uninsured. Where a subcontractor is uninsured, the employee of that subcontractor may recover compensation under the Act from the general contractor or from the individual or entity that engaged the services of the general contractor, and the subcontractor is then liable for indemnification. This matters a great deal on large Chicago-area job sites where multiple contractors and subcontractors are working side by side.
Beyond workers’ compensation, you may also have a third-party personal injury claim. If a party other than your employer caused or contributed to your injury, such as a negligent equipment manufacturer or a property owner, you may be able to sue that party directly. Talking to a workers compensation attorney is the best way to figure out which claims apply to your situation.
Common Types of Construction Accidents and Injuries We Handle
Construction accident cases come in many forms. Some happen in an instant, like a fall from a scaffold or a roof. Others develop over time, like hearing loss from constant exposure to loud machinery or lung disease from breathing in silica dust. No matter how the injury happened, Illinois law may give you a path to compensation.
Falls are the most common cause of serious injury and death on construction sites. Whether it is a fall from a ladder at a Wicker Park renovation project or a fall through an unguarded floor opening at a downtown high-rise, the consequences can be catastrophic. Broken bones, traumatic brain injuries, and spinal cord damage are all common outcomes. OSHA’s fall protection standards exist for a reason, and when employers ignore them, workers pay the price.
Struck-by accidents are another major concern. Heavy equipment, falling tools, and swinging crane loads can strike workers with devastating force. These accidents occur when a worker comes into contact with an object, a piece of equipment, or a transport vehicle. On busy Chicago construction sites near highways like I-90/94 or I-290, the risk of being struck by vehicles is also real.
Electrocution injuries happen when workers contact live wires, faulty equipment, or improperly grounded systems. Electrocution is a considerable risk that construction workers face every day as they are vulnerable to live and exposed wiring, and even when electric shock is not fatal, the injuries it can leave can be permanent. Burns, nerve damage, and cardiac arrest are all possible outcomes.
Occupational diseases are also covered under Illinois law. The Workers’ Occupational Diseases Act (820 ILCS 310/1.1) gives workers and their families a nonwaivable right to bring civil actions in cases where a period of repose might otherwise bar a claim. If you developed a serious illness because of conditions at your job site, do not assume it is too late to act. Speaking with a workers compensation lawyer as soon as possible can protect your rights.
Filing a Claim: Deadlines and What You Need to Know
Timing matters enormously in construction accident cases. If you miss a deadline, you could lose your right to compensation entirely. Illinois law sets clear time limits for filing claims, and it is critical that you understand them.
For workers’ compensation claims, a claim must be filed within three years of the date of accident where no compensation has been paid, or within two years after the date of the last payment of compensation where any has been paid, whichever is later. That may sound like a long time, but gathering evidence, getting medical evaluations, and building a strong case all take time. Starting early gives you the best chance at a full recovery.
Notice requirements also matter. Notice of the accident must be given to the employer as soon as practical, but not later than forty-five days after the accident. Failing to give timely notice can create problems with your claim, so do not wait to report your injury to your employer.
If your case involves a third-party personal injury claim, the statute of limitations for personal injury in Illinois is generally two years from the date of injury under 735 ILCS 5/13-202. For property damage claims, the timeframe under 735 ILCS 5/13-205 is five years. If someone died as a result of a construction accident, the Illinois Wrongful Death Act (740 ILCS 180/1) allows the family to pursue damages, including punitive damages when applicable, against the party whose wrongful act, neglect, or default caused the death.
One more important point: if a period of repose would otherwise cut off your right to benefits under the Workers’ Compensation Act, 820 ILCS 305/1.2 preserves your nonwaivable right to bring a civil action at law, including a wrongful death action. Do not assume your time has passed without speaking to an attorney. Contact a workers compensation lawyer right away to get a clear picture of your options.
What Compensation Can You Recover After a Construction Accident?
One of the most common questions injured workers ask is: what can I actually recover? The answer depends on the type of claim you file and the facts of your case. Workers’ compensation benefits and personal injury damages cover different things, and in some situations you may be entitled to both.
Through a workers’ compensation claim, you may recover payment for all reasonable and necessary medical treatment related to your injury. You can also recover temporary total disability (TTD) benefits while you are unable to work, permanent partial disability (PPD) benefits if you have lasting impairment, and vocational rehabilitation if you cannot return to your previous job. A workers compensation attorney can walk you through the specific benefits available based on your injury and work history.
If you have a third-party claim, you may be able to recover damages that go beyond what workers’ compensation provides. These can include full lost wages (not just a portion), compensation for pain and suffering, compensation for loss of a normal life, and in some cases, punitive damages. Under the Illinois Wrongful Death Act (740 ILCS 180/1), if a construction worker was killed due to someone’s wrongful act or neglect, the surviving family may pursue a wrongful death action and recover damages, including punitive damages where applicable.
Construction accidents often result in serious, life-altering injuries. A worker who falls from scaffolding near Millennium Park or is struck by a crane at a River North development site may face years of medical treatment, lost income, and reduced quality of life. The compensation you recover should reflect the full impact of what happened to you. There are workers compensation attorneys who understand how to build these cases and fight for the maximum recovery possible.
At Briskman Briskman & Greenberg, we take construction accident cases seriously. We know how these cases work, we know Illinois law, and we are ready to help you. Call us today to talk about your situation. There is no obligation, and we can help you understand your options from the very start.
FAQs About Peoria Construction Accident Lawyers in Chicago, IL
Do I need a lawyer if I was hurt on a construction site in Illinois?
You are not required to hire a lawyer, but it is strongly in your best interest to do so. Construction accident cases often involve multiple parties, including employers, contractors, subcontractors, and property owners. An attorney can identify all potential sources of compensation, handle negotiations with insurance companies, and make sure you meet every legal deadline. Without legal help, you may settle for far less than your case is worth.
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 regardless of fault. A third-party personal injury claim can be filed separately if someone other than your employer caused or contributed to your injury. For example, if a piece of defective equipment caused your injury, you may have a product liability claim against the manufacturer in addition to your workers’ comp claim. An attorney can help you figure out which claims apply to your specific situation.
What if my employer says the accident was my fault?
Illinois workers’ compensation is a no-fault system. That means you can receive benefits even if you were partly responsible for the accident. You generally do not have to prove your employer did anything wrong to qualify for workers’ compensation benefits. However, if your employer denies your claim or disputes the extent of your injuries, having an attorney on your side makes a real difference in the outcome of your case.
How long do I have to file a construction accident claim in Illinois?
For workers’ compensation claims, you generally have three years from the date of the accident to file a claim, or two years from the date of the last compensation payment, whichever is later. You also must notify your employer of the injury within 45 days of the accident. For personal injury lawsuits, the standard statute of limitations in Illinois is two years from the date of injury. These deadlines are strict, so contact an attorney as soon as possible after your accident.
What if a family member was killed in a construction accident in Illinois?
If a loved one died in a construction accident, Illinois law provides a path to justice. Under the Illinois Wrongful Death Act (740 ILCS 180/1), the family can pursue a wrongful death action against the party whose wrongful act, neglect, or default caused the death. Damages can include compensation for grief, loss of companionship, lost financial support, and in appropriate cases, punitive damages. The family may also be entitled to workers’ compensation death benefits. An attorney can explain all available options and help the family pursue the full recovery they deserve.
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