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Plainfield Construction Accident Lawyer
Construction work is one of the most dangerous jobs in Illinois. Whether you work along the I-55 corridor near Plainfield, on a high-rise project in Chicago’s Loop, or on a road crew near the DuPage River, the risk of a serious injury is real every single day. If you or a loved one was hurt on a construction site, you need to understand your rights. The team at Briskman Briskman & Greenberg has helped injured workers across the Chicago area fight for the compensation they deserve. Here is what you need to know.
Table of Contents
- Construction Accidents in Plainfield and the Greater Chicago Area
- Illinois Laws That Protect Injured Construction Workers
- The “Fatal Four” Hazards on Illinois Construction Sites
- Workers’ Compensation vs. Third-Party Claims: What Is the Difference?
- How Briskman Briskman & Greenberg Can Help You After a Construction Accident
- FAQs About Plainfield Construction Accident Lawyers
Construction Accidents in Plainfield and the Greater Chicago Area
Plainfield is one of the fastest-growing communities in the Chicago suburbs. Located along Route 30 and near I-55, the area has seen a surge in residential, commercial, and infrastructure construction over the past several years. With that growth comes a serious risk to the workers building it all. From new housing developments near downtown Plainfield to road expansion projects along Route 59, construction crews face hazards every day.
Over 100,000 workplace accidents occur in Illinois each year. Construction workers make up a significant share of those injured. 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. Those are not just numbers. They represent real people, real families, and real suffering.
Common construction accidents in the Plainfield and Chicago area include falls from scaffolding or ladders, being struck by falling objects, trench collapses, electrocutions, and machinery accidents. Workers on projects near the Plainfield Township area, along Weber Road, or at sites near the Heritage Corridor Metra line face these risks daily. When an accident happens, injured workers often do not know where to turn. That is where having an experienced Chicago personal injury lawyer on your side makes a real difference.
The reality is that many construction accidents are preventable. Employers cut corners on safety training, fail to maintain equipment, or ignore known hazards. When they do, workers pay the price. You should not have to bear that cost alone.
Illinois Laws That Protect Injured Construction Workers
Illinois law provides strong protections for workers hurt on construction sites. Understanding those laws helps you know what options are available after an injury. The two main legal paths for injured construction workers are workers’ compensation claims and third-party personal injury lawsuits.
Under the Illinois Workers’ Compensation Act (820 ILCS 305), almost every employer in Illinois must carry workers’ compensation insurance. This system provides benefits for medical expenses and lost wages when a worker is hurt on the job, regardless of who was at fault. As a workers compensation lawyer can explain, you do not need to prove your employer was negligent to receive these benefits. You simply need to show the injury happened at work and arose out of your employment.
But workers’ compensation is not always the only option. If a third party, such as a subcontractor, equipment manufacturer, or property owner, caused or contributed to your accident, you may also have a separate personal injury claim. Under Illinois 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 that if multiple parties share fault for your injury, each one can be held responsible for your medical costs. Any defendant found to be 25% or more at fault can also be held jointly and severally liable for all other damages.
Illinois also has the Wrongful Death Act (740 ILCS 180/1), which allows surviving family members to bring a claim when a construction accident results in death. If the accident would have entitled the injured person to file a lawsuit, the family can pursue damages after a fatal accident. This is a critical protection for families who lose a loved one on a job site.
A skilled workers compensation attorney can help you understand which claims apply to your situation and build the strongest possible case.
The “Fatal Four” Hazards on Illinois Construction Sites
OSHA has long identified four types of accidents that cause the most deaths in construction. They are falls, being struck by objects, electrocutions, and caught-in or caught-between accidents. These are sometimes called the “Fatal Four,” and they are especially common on busy construction sites around Plainfield and Chicago.
The second most common cause of workplace death in Illinois is falls, contributing to 17% of Illinois’ total workplace deaths in 2023. Falling can happen in every type of job, but the risk of death is much higher when working at higher heights, in cluttered walkways, or around uneven or slippery surfaces. The workers with the highest level of risk for falling deaths are construction workers, particularly roofers, painters, steelworkers, and framers.
Being struck by objects is another leading killer. 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 contribute to 16% of all Illinois workplace deaths.
Electrocutions are common on sites where wiring is incomplete or where workers come too close to power lines. Caught-in accidents happen when a worker gets trapped between equipment, materials, or machinery. Think of a trench collapse near a Plainfield residential development, or a worker pulled into unguarded machinery on a commercial build near the Heritage Woods area.
OSHA exercises authority over private sector employers in the state and federal OSHA standards apply to these workers. When employers violate those standards and someone gets hurt, they can face penalties and civil liability. If you were injured because your employer ignored OSHA safety rules, contact a workers compensation lawyer to explore your full range of legal options.
Workers’ Compensation vs. Third-Party Claims: What Is the Difference?
Many injured construction workers assume that workers’ compensation is their only option. That is not always true. Understanding the difference between a workers’ comp claim and a third-party personal injury claim can mean the difference between limited benefits and full compensation for your losses.
Workers’ compensation covers your medical bills and a portion of your lost wages. It is a no-fault system, which means you do not have to prove anyone was careless. However, it does not cover pain and suffering, full lost earnings, or other non-economic damages. As the Illinois Workers’ Compensation Act (820 ILCS 305/1.2) makes clear, permitted civil actions exist outside the workers’ comp system in certain circumstances. If a third party’s negligence caused your injury, you can pursue a separate lawsuit and recover far more in damages.
For example, imagine a worker on a Plainfield commercial build is injured when a subcontractor’s crane operator drops a load of steel beams. The worker files a workers’ comp claim with their employer. But the crane operator worked for a different company. That company can be sued in a third-party personal injury claim. The worker may recover compensation for pain and suffering, full wage loss, and other damages that workers’ comp does not cover.
The workers compensation attorney team at Briskman Briskman & Greenberg can review your case and identify every possible avenue for recovery. Do not settle for less than you are owed. Multiple parties may share responsibility for your accident, including general contractors, subcontractors, equipment manufacturers, or property owners.
Illinois also recognizes that loaning employers and borrowing employers share joint and several liability when a loaned employee is injured on the job (820 ILCS 305). This is especially relevant in construction, where workers are frequently shared between companies on the same project.
How Briskman Briskman & Greenberg Can Help You After a Construction Accident
If you were hurt on a construction site in Plainfield, the Chicago suburbs, or anywhere in the greater Chicago area, Briskman Briskman & Greenberg is ready to help. The firm handles personal injury and workers’ compensation cases for injured workers across Illinois, from the Will County Courthouse in Joliet to the Richard J. Daley Center in downtown Chicago. Wherever your case needs to go, the team is prepared.
Briskman Briskman & Greenberg understands what injured workers are up against. Insurance companies move fast after a construction accident. They want to limit what they pay. You need someone in your corner who knows Illinois law and is not afraid to fight for full and fair compensation. The firm handles cases involving falls, scaffold collapses, equipment failures, trench accidents, electrocutions, and more.
There are important deadlines you cannot miss. In Illinois, the statute of limitations for a personal injury lawsuit is generally two years from the date of the accident. Workers’ compensation claims have their own deadlines too. Over 100,000 workplace accidents occur in Illinois each year, and far too many injured workers wait too long to get legal help. Do not let that happen to you.
The workers compensation attorneys at Briskman Briskman & Greenberg offer free consultations. You pay nothing unless they recover compensation for you. If you or a family member was seriously hurt on a construction site, call the firm today. You deserve to know your rights, and you deserve to be treated fairly.
FAQs About Plainfield Construction Accident Lawyers
What should I do right after a construction accident in Plainfield?
Seek medical attention right away, even if your injuries seem minor. Report the accident to your employer as soon as possible. Take photos of the scene, your injuries, and any equipment involved. Gather names and contact information for any witnesses. Write down everything you remember about how the accident happened. Then contact a personal injury attorney before speaking to any insurance company. The steps you take in the hours and days after an accident can have a major impact on your case.
Can I sue my employer for a construction accident in Illinois?
In most cases, the Illinois Workers’ Compensation Act is your primary remedy against your direct employer. It is a no-fault system, so you can receive benefits without proving your employer was negligent. However, if a third party, such as a subcontractor, property owner, or equipment manufacturer, contributed to your accident, you may be able to file a separate personal injury lawsuit against them. This can allow you to recover damages beyond what workers’ compensation provides, including pain and suffering.
How long do I have to file a construction accident claim in Illinois?
For a personal injury lawsuit, Illinois generally gives you two years from the date of the accident to file. For workers’ compensation, you typically have three years from the date of the accident, or two years from the date of your last payment of compensation, whichever is later. These deadlines are strict. Missing them can bar you from recovering anything. Contact an attorney as soon as possible after your accident to protect your right to file a claim.
What types of compensation can I recover after a construction accident?
Through a workers’ compensation claim, you may recover payment for medical treatment, temporary or permanent disability benefits, and vocational rehabilitation. Through a third-party personal injury claim, you may also recover compensation for pain and suffering, full lost wages, loss of future earning capacity, and other damages. If a family member was killed in a construction accident, the Illinois Wrongful Death Act (740 ILCS 180) allows surviving family members to pursue a wrongful death lawsuit for their losses.
How does joint and several liability work in an Illinois construction accident case?
Under Illinois law (735 ILCS 5/2-1117), when multiple parties are found liable for a construction accident, they can each be held responsible for the injured person’s medical expenses. Any party found to be 25% or more at fault can also be held jointly and severally liable for all other damages. This matters in construction cases because many parties are often involved, including general contractors, subcontractors, property owners, and equipment suppliers. An experienced attorney can identify all potentially liable parties and pursue each one.
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