Our Lawyers
Streamwood Scaffolding Accident Lawyer
Scaffolding accidents are among the most serious construction injuries a worker can face. Whether you work on a job site near Streamwood’s busy Route 20 corridor, along the commercial stretches of Irving Park Road, or at a high-rise project closer to downtown Chicago, working at elevation puts your life at risk every single day. If you or someone you love was hurt in a scaffolding accident, a Chicago personal injury lawyer at Briskman Briskman & Greenberg is ready to help you understand your rights and pursue the compensation you deserve.
Table of Contents
- Why Scaffolding Accidents Happen in the Streamwood Area
- OSHA Scaffolding Rules and What They Mean for Your Case
- Who Can Be Held Responsible After a Streamwood Scaffolding Accident
- Injuries from Scaffolding Accidents and the Compensation You May Recover
- How Briskman Briskman & Greenberg Can Help After a Scaffolding Accident
- FAQs About Streamwood Scaffolding Accident Lawyers
Why Scaffolding Accidents Happen in the Streamwood Area
Streamwood sits in Cook County, just off the Jane Addams Memorial Tollway (I-90), and the area has seen steady commercial and residential construction growth. With that growth comes real danger for workers on scaffolds. Scaffold incidents causing injury or death are often the result of the planking or support giving way, a worker slipping, the absence of fall protection, or being struck by a falling object. These are not freak accidents. They are the direct result of corners being cut on safety.
According to a Bureau of Labor Statistics study reviewed by OSHA, 72 percent of workers injured in scaffold accidents attributed the accident to the planking or support giving way, to slipping, or to being struck by a falling object. Plank slippage was the most commonly cited cause. On a busy Streamwood job site, where multiple subcontractors may be working at the same time, the risk of these failures goes up dramatically when no one takes clear responsibility for scaffold safety.
Common causes of scaffolding accidents include improper assembly, missing guardrails, overloaded platforms, wet or icy surfaces, and inadequate worker training. Under OSHA regulations at 29 CFR 1926.451, scaffolds must be erected, moved, dismantled, or altered only under the supervision of a competent person qualified in scaffold erection, and such activities must be performed only by experienced and trained employees selected by that competent person. When employers skip these steps, workers pay the price.
Pedestrians and bystanders near construction zones along streets like Sutton Road or Gary Avenue in Streamwood can also be hurt. Scaffolding accidents can result in injuries to those below if the structure collapses or falls, and it is not necessary that you were on the scaffolding at the time of injury in order to file a personal injury lawsuit related to a worksite accident in Illinois. Whether you were a worker, a passerby, or a bystander, you may have a valid claim.
OSHA Scaffolding Rules and What They Mean for Your Case
Federal law sets strict standards for scaffold safety on every construction site in Illinois. To prevent injuries and fatalities, OSHA has enacted comprehensive regulations governing the use of scaffolding. Under 29 CFR 1926 Subpart L, employers are required to ensure all scaffolds are designed by qualified persons, erect scaffolds according to manufacturer’s instructions, and provide fall protection systems when workers are above 10 feet. These rules apply to every job site in Streamwood and throughout the Chicago metro area.
Scaffolds must be designed by a qualified person and constructed and loaded in accordance with that design. That means an employer cannot simply throw together a scaffold and hope it holds. Design, load capacity, and proper materials all matter. Employees must also be prohibited from working on scaffolds covered with snow, ice, or other slippery material except as necessary for removal of such materials. Illinois winters make this rule especially important for workers in the Streamwood and northwest suburban area.
Scaffolding under 29 CFR 1926.451 consistently ranks among the top most frequently cited OSHA standards, meaning violations are common and well-documented. When a scaffold violation contributed to your injury, that OSHA citation becomes powerful evidence. OSHA citations on a job site can be powerful evidence in a personal injury case because they show that the company knew, or should have known, about the hazard and failed to correct it. An attorney can use those records to build a strong case on your behalf.
Training failures are another major issue. According to OSHA compliance guidelines, employers must provide adequate training for their workers who use scaffolding equipment. Employees who perform work activities on scaffolding must receive equipment-specific training from a qualified individual, and the training must include the proper use of the scaffold and how to recognize potential hazards. When that training never happens, accidents follow.
Who Can Be Held Responsible After a Streamwood Scaffolding Accident
One of the first questions people ask after a scaffolding accident is: who is responsible? The answer is often more than one party. On a typical Streamwood construction site, you may have a general contractor, multiple subcontractors, a scaffold manufacturer, and a property owner all sharing some degree of responsibility. Identifying the right defendants is critical to recovering full compensation.
Under the Illinois Workers’ Compensation Act (820 ILCS 305), most workers injured on the job are covered by workers’ compensation. That coverage provides medical benefits, a portion of lost wages, and disability payments. However, workers’ compensation alone often does not cover everything, including pain and suffering or the full extent of long-term disability. That is where a third-party personal injury claim can make a significant difference.
The Illinois Workers’ Compensation Act also addresses situations involving multiple contractors. If you were a subcontractor’s employee injured on a general contractor’s site, the general contractor may share liability. An electrician working for one subcontractor might be injured because a concrete company left an uncovered hole in the floor. A painter might fall because the scaffolding company failed to install proper guardrails. In these situations, the injured worker’s employer did nothing wrong. The negligence came from a completely different company. Illinois law allows you to pursue claims against those third parties even if you also receive workers’ compensation from your own employer.
Scaffold manufacturers can also face product liability claims when a defective component causes a collapse. Property owners who failed to maintain a safe premises may be liable under Illinois premises liability principles. Our attorneys at Briskman Briskman & Greenberg examine every angle of your case to identify all responsible parties.
Injuries from Scaffolding Accidents and the Compensation You May Recover
Scaffolding accidents rarely result in minor injuries. When a person falls from an elevated platform, or when a scaffold collapses, the consequences are often life-changing. Protecting workers from scaffold-related incidents can prevent injuries and deaths attributed to falls from scaffolding each year. But when those protections fail, the injuries can be catastrophic.
Common scaffolding accident injuries include traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, and severe lacerations. Injuries to the back or neck can result in serious spinal cord injuries, possibly leading to paralysis or other permanently disabling conditions. A fall from even a moderate height can shatter a worker’s ability to earn a living and care for their family.
Under the Illinois Workers’ Compensation Act (820 ILCS 305), injured workers may receive compensation for temporary total disability, permanent partial disability, and permanent total disability. The Act sets specific schedules for certain injuries. For example, the loss of a leg is compensated at 215 weeks of benefits for injuries occurring after February 1, 2006. For arm injuries, the schedule provides 253 weeks of benefits. These scheduled benefits provide a baseline, but they are separate from what you may recover in a third-party personal injury lawsuit, where you can also seek damages for pain and suffering, loss of quality of life, and future medical expenses.
If a loved one was killed in a scaffolding accident, the Illinois Wrongful Death Act provides a separate avenue for recovery. A workers compensation attorney familiar with both workers’ comp and wrongful death claims can help your family pursue all available remedies. Briskman Briskman & Greenberg handles both types of cases and can help you understand which path, or both, applies to your situation.
How Briskman Briskman & Greenberg Can Help After a Scaffolding Accident
Briskman Briskman & Greenberg is a Chicago-area personal injury law firm that represents injured workers and their families across Cook County and the surrounding suburbs, including Streamwood. Our firm handles construction accident cases with the attention and care that serious injuries demand. We know how to investigate a scaffolding accident, gather OSHA records, interview witnesses, and work with experts to build a case that reflects the true cost of your injuries.
If you were injured on a job site near the Woodfield Mall area, along the Northwest Highway corridor, or anywhere in the Streamwood and Schaumburg area, time matters. In Illinois, the statute of limitations for a personal injury lawsuit is generally two years from the date of injury under the Illinois Code of Civil Procedure (735 ILCS 5/13-202). For a workers’ compensation claim under the Illinois Workers’ Compensation Act (820 ILCS 305), you generally have three years from the date of the accident, or two years from the last payment of compensation, whichever is later. Missing these deadlines can bar your recovery entirely.
Our firm also handles the workers’ compensation side of your case. Understanding workers compensation lawyers and what benefits you are entitled to receive is a critical first step. We also work with clients in the broader region, and our workers compensation attorney team serving Lake County understands the specific courts and procedures that apply to your claim. Whether your case is in Cook County Circuit Court near the Daley Center in Chicago or before the Illinois Workers’ Compensation Commission, we are prepared to advocate for you.
Our firm represents clients on a contingency fee basis for personal injury cases, meaning you pay no attorney’s fees unless we recover compensation for you. You may still be responsible for certain costs and expenses, which we will explain clearly before you sign anything. Call Briskman Briskman & Greenberg at (312) 222-0010 to speak with someone about your case today. Our workers compensation lawyers serving North Chicago and the northwest suburbs are ready to listen. We also have workers compensation attorneys serving the Oak Lawn area and beyond, so no matter where you are in the Chicago metro, help is close by.
FAQs About Streamwood Scaffolding Accident Lawyers
Can I sue my employer after a scaffolding accident in Illinois?
In most cases, the Illinois Workers’ Compensation Act (820 ILCS 305) is your exclusive remedy against your direct employer. That means you generally cannot file a personal injury lawsuit against your own employer. However, if a third party, such as a general contractor, another subcontractor, a scaffold manufacturer, or a property owner, was responsible for the unsafe conditions, you can pursue a separate personal injury claim against them. This is a common scenario in scaffolding cases, and it can significantly increase the total compensation available to you.
What if I was not on the scaffold when I was hurt?
You do not have to be on the scaffold itself to have a valid injury claim. If a scaffold collapsed and debris struck you, or if falling materials from the scaffold injured you while you were working below or walking nearby, you may still have grounds for a personal injury or workers’ compensation claim. The key question is whether someone’s negligence caused the hazard that led to your injury. An attorney can review the facts of your situation and advise you on whether a claim is viable.
How long do I have to file a scaffolding accident claim in Illinois?
The deadline depends on the type of claim. For a personal injury lawsuit, Illinois law under 735 ILCS 5/13-202 generally gives you two years from the date of your injury. For a wrongful death claim, the deadline is also generally two years from the date of death. For a workers’ compensation claim under the Illinois Workers’ Compensation Act (820 ILCS 305), you generally have three years from the date of the accident or two years from the last payment of compensation, whichever is later. Because construction cases often involve multiple parties and overlapping deadlines, you should speak with an attorney as soon as possible after your accident.
What kinds of damages can I recover in a scaffolding accident case?
Through a workers’ compensation claim, you may recover medical expenses, a portion of lost wages during recovery, and disability benefits based on the nature and severity of your injury. Through a third-party personal injury lawsuit, you may also recover damages for pain and suffering, emotional distress, loss of enjoyment of life, and future lost earning capacity. These two types of claims can run at the same time, and recovering workers’ compensation does not automatically prevent you from pursuing a third-party lawsuit against a negligent contractor or manufacturer.
What should I do right after a scaffolding accident in Streamwood?
Your first priority is medical care. Get examined by a doctor even if you feel your injuries are minor, because symptoms from traumatic brain injuries and internal injuries can be delayed. Report the accident to your employer in writing as soon as possible, since the Illinois Workers’ Compensation Act requires timely notice. Preserve any evidence you can, including photographs of the scaffold, the scene, and your injuries. Get the names and contact information of any witnesses. Then contact an attorney before speaking with any insurance company or signing any documents. Call Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation.
More Resources About Workplace & Construction Injuries
SEEN ON:
