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Chicago Arborist Injury Lawyers

Arborists in Chicago face some of the most dangerous working conditions of any outdoor occupation. From the canopies of Lincoln Park to the tree-lined streets of Wicker Park and the parkways along Lake Shore Drive, Chicago arborists climb, cut, and haul in conditions that can turn deadly in seconds. If you were hurt on the job as an arborist or tree care worker, you have legal rights under Illinois law, and the team at Chicago personal injury lawyer firm Briskman Briskman & Greenberg is here to help you understand them.

Why Arborist Work Is One of Illinois’s Most Dangerous Jobs
Illinois Workers’ Compensation Coverage for Injured Arborists
Common Arborist Injuries and What They Mean for Your Claim
Third-Party Claims: When Workers’ Compensation Is Not Your Only Option
Steps to Take After an Arborist Injury in Chicago
How Briskman Briskman & Greenberg Helps Injured Arborists
FAQs About Chicago Arborist Injury Lawyers

Why Arborist Work Is One of Illinois’s Most Dangerous Jobs

Tree care work carries a fatality rate that the U.S. Bureau of Labor Statistics (BLS) has estimated at approximately 110 deaths per 100,000 tree trimmers and pruners. That rate is roughly 30 times higher than the all-industry average. For non-fatal injuries, the BLS estimates a rate of 239 injuries per 10,000 tree workers, compared to 89 per 10,000 across all industries. These numbers reflect a simple truth: arborist work is among the most hazardous jobs in the country.

In Chicago, arborists work year-round across neighborhoods like Hyde Park, Pilsen, and Logan Square, maintaining the city’s urban forest. They trim branches over busy streets, remove storm-damaged trees near the 606 Trail, and service commercial properties throughout the Loop. Every job site brings a new set of hazards.

The most common causes of serious arborist injuries include falls from trees or aerial lift equipment, chainsaw lacerations, being struck by falling limbs, electrical contact with power lines, overexertion from heavy lifting and repetitive motion, and equipment failures such as harness or rope malfunctions. Crush injuries from logs or machinery are also a real risk during tree removal operations. Understanding the scope of these dangers is the first step toward knowing what legal protections apply when something goes wrong.

Illinois Workers’ Compensation Coverage for Injured Arborists

The workers’ compensation lawyer resource most arborists need starts with a clear understanding of the Illinois Workers’ Compensation Act (820 ILCS 305). This law requires most Illinois employers to carry workers’ compensation insurance and provides injured workers with a no-fault path to benefits. You do not need to prove your employer did anything wrong to qualify. If your injury arose out of and in the course of your employment, you are generally covered.

Under Section 8 of the Illinois Workers’ Compensation Act (820 ILCS 305/8), your employer must pay for all necessary first aid, medical, and surgical services, as well as ongoing medical care reasonably required to cure or relieve the effects of your injury. This includes hospital stays, physical therapy, prescription medications, and any treatment related to your work injury.

Beyond medical coverage, injured arborists may be entitled to wage replacement benefits. Temporary Total Disability (TTD) benefits cover a portion of your lost wages while you are unable to work. If your injury results in a permanent impairment, Permanent Partial Disability (PPD) benefits may apply. Illinois law sets specific compensation schedules for injuries to body parts including arms, legs, hands, feet, and more. For example, under 820 ILCS 305/8(e), loss of an arm is compensated at 253 weeks of benefits, while loss of a leg is compensated at 215 weeks, for injuries occurring on or after February 1, 2006.

One important issue for arborists is employment classification. Some tree service companies label workers as independent contractors to avoid providing benefits. Illinois law looks at the actual working relationship, not just the label. If your employer controlled when and how you worked, provided tools, and set your schedule, you may still qualify as an employee under the Act, regardless of how you were paid.

Common Arborist Injuries and What They Mean for Your Claim

The type of injury you suffered directly affects the benefits available to you under Illinois law. Arborists face a wide range of injuries, and each carries its own legal and medical considerations. Knowing what category your injury falls into helps you and your attorney build the strongest possible claim.

Falls from trees, ladders, or aerial bucket trucks are the most severe category of arborist injuries. A fall from even 15 feet can cause spinal cord injuries, traumatic brain injuries, bilateral fractures, or crush injuries from impact. These injuries often require multiple surgeries and long-term rehabilitation, meaning your claim must account for future medical costs, not just immediate treatment.

Chainsaw and cutting tool injuries are among the most common non-fatal injuries in tree work. Lacerations to the hands, arms, and legs can sever tendons, nerves, and arteries. Partial or full amputations do occur. Under 820 ILCS 305/8(e), amputation of an arm below the elbow is treated as loss of the full arm for compensation purposes, and amputation above the elbow carries additional weeks of compensation.

Electrical contact injuries happen when arborists work near power lines without proper clearance. These can cause severe burn injuries, internal injuries, and cardiac events. Overexertion injuries from repetitive motion, such as gripping a chainsaw for hours or hauling heavy limbs, can develop into chronic conditions like herniated discs, tendonitis, or rotator cuff tears. Illinois workers’ compensation covers these gradually developing conditions, not just sudden accidents.

If your employer disputes your injury, denies your claim, or tries to classify you as a contractor to cut off your benefits, a workers’ compensation lawyer can help you fight back through the Illinois Workers’ Compensation Commission (IWCC), the state agency that oversees all workers’ compensation claims in Illinois.

Third-Party Claims: When Workers’ Compensation Is Not Your Only Option

Workers’ compensation is often an arborist’s primary remedy after a job injury, but it is not always the only one. Illinois law allows injured workers to pursue third-party personal injury claims when someone other than their employer caused or contributed to their injury. This is a separate legal action from your workers’ compensation claim, and it can result in compensation for pain and suffering, full lost wages, and other damages that workers’ comp does not cover.

For arborists, third-party claims often arise in specific situations. If defective equipment, such as a faulty harness, a malfunctioning aerial lift, or a chainsaw with a design defect, caused your injury, the manufacturer or distributor of that equipment may be liable under Illinois product liability law. If a property owner created an unsafe condition that contributed to your injury, such as failing to disclose hidden hazards on the job site, a premises liability claim may be available.

Subcontractor relationships also create third-party liability opportunities. If another contractor on the same job site caused your injury through their negligence, you may be able to sue that party directly. This is common on large commercial tree removal projects near places like Millennium Park or along the Chicago Riverwalk, where multiple contractors often work simultaneously.

Under Section 5 of the Illinois Workers’ Compensation Act (820 ILCS 305/5), when an injured worker recovers damages from a third party, the employer or insurance carrier may have a subrogation interest in that recovery. This means coordination between your workers’ comp claim and any personal injury claim is critical. An attorney who handles both types of claims can make sure you maximize your total recovery while properly managing these overlapping interests.

Consulting a workers’ compensation lawyer who also understands personal injury law gives you a significant advantage in identifying all potential sources of compensation after an arborist injury.

Steps to Take After an Arborist Injury in Chicago

What you do in the hours and days after a work injury directly affects your ability to recover full benefits. Arborists are often pressured by employers to downplay injuries or return to work before they are medically ready. Knowing the right steps protects your health and your legal rights.

Report your injury to your employer as soon as possible. Under Section 6 of the Illinois Workers’ Compensation Act (820 ILCS 305/6), you must provide notice of your injury to your employer. Failing to report promptly can give an employer or insurance company grounds to dispute your claim. Do not assume your employer already knows because they were present at the scene.

Seek medical attention right away, even if your injuries seem minor. Some serious conditions, including traumatic brain injuries and internal injuries, do not show full symptoms immediately. A medical record created close in time to the accident is one of the most important pieces of evidence in a workers’ compensation claim.

Document everything you can. Take photos of the job site, the equipment involved, and your injuries. Write down the names of any witnesses. Note the exact location, whether that was a residential yard in Bridgeport, a commercial property in River North, or a park in Evanston. Keep copies of all medical records and correspondence from your employer or their insurance company.

Under the Illinois Workers’ Compensation Act, you generally have three years from the date of injury, or two years from the last payment of compensation, whichever is later, to file a claim with the Illinois Workers’ Compensation Commission. Do not wait. Evidence fades, witnesses become harder to locate, and delays can complicate your case. A workers’ compensation lawyer can help you meet every deadline and avoid costly mistakes.

How Briskman Briskman & Greenberg Helps Injured Arborists

Briskman Briskman & Greenberg has represented injured workers throughout the Chicago area for decades. Our firm handles workers’ compensation claims and personal injury cases for people who have been seriously hurt on the job, including arborists and tree care workers across Cook County and the surrounding region.

We know how employers and insurance companies respond to arborist injury claims. They often dispute the severity of the injury, question whether it happened at work, or argue that a worker was an independent contractor rather than an employee. These are tactics designed to reduce or eliminate your benefits. Our attorneys know how to counter them with medical evidence, employment records, and legal arguments grounded in Illinois law.

We handle cases involving falls, chainsaw injuries, electrical contact, crush injuries, overexertion, and equipment failures. We also pursue third-party claims when a manufacturer, property owner, or other contractor shares responsibility for what happened to you. Our goal is to recover every dollar you are owed, including medical benefits, wage replacement, and any additional compensation available through a personal injury claim.

If your claim has been denied, or if you are not sure whether you have received a fair settlement offer, we can review your case at no cost to you. Briskman Briskman & Greenberg handles workers’ compensation and personal injury cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. You should also be aware that even on contingency, clients may be responsible for certain case costs and expenses, which we will explain clearly before we begin.

Call us today at (312) 222-0010 or contact us online to schedule your free consultation. Our office serves injured arborists and tree workers throughout Chicago and the surrounding suburbs. You can also reach a workers’ compensation lawyer at our firm who is ready to review your situation and explain your options under Illinois law.

This content is advertising material. Briskman Briskman & Greenberg, 35 E. Wacker Drive, Suite 1730, Chicago, IL 60601. Past results do not guarantee similar outcomes in future cases.

FAQs About Chicago Arborist Injury Lawyers

Am I covered by workers’ compensation if my employer paid me in cash?

Cash pay does not automatically disqualify you from workers’ compensation benefits in Illinois. The Illinois Workers’ Compensation Act (820 ILCS 305) covers employees based on the actual working relationship, not the payment method. If your employer controlled your schedule, provided tools, and directed your work, you may qualify as an employee under Illinois law even if you received cash wages. An attorney can review the specific facts of your situation and help you determine your status.

What if my employer says I was an independent contractor and not an employee?

This is one of the most common disputes in arborist injury cases. Illinois law looks at the economic reality of the relationship, not just the label your employer assigned. Factors like who controlled the work, who provided the equipment, and whether tree work was part of the employer’s regular business all matter. If the facts show you functioned as an employee, you may have a valid workers’ compensation claim regardless of what your contract says.

Can I sue a third party if defective equipment caused my arborist injury?

Yes, in many cases you can. If a defective harness, chainsaw, aerial lift, or other piece of equipment caused or contributed to your injury, the manufacturer or distributor of that equipment may be liable under Illinois product liability law. This is a separate claim from your workers’ compensation case and can result in compensation for pain and suffering and full lost wages, which workers’ comp does not cover. An attorney can help you identify all potentially liable parties.

How long do I have to file a workers’ compensation claim in Illinois after an arborist injury?

Under the Illinois Workers’ Compensation Act (820 ILCS 305), you generally have three years from the date of the injury, or two years from the last payment of compensation, whichever is later, to file a claim with the Illinois Workers’ Compensation Commission. However, you must also notify your employer of the injury promptly. Waiting too long to report or file can hurt your claim. Contact an attorney as soon as possible after your injury to protect your rights.

What benefits can I receive if I am permanently disabled from an arborist injury?

Illinois law provides Permanent Partial Disability (PPD) benefits for injuries that result in lasting impairment, and Permanent Total Disability (PTD) benefits if you are unable to return to any gainful employment. The Illinois Workers’ Compensation Act (820 ILCS 305/8) sets specific compensation schedules for injuries to body parts, measured in weeks of benefits at a rate based on your average weekly wage. In the most serious cases, you may also be entitled to vocational rehabilitation benefits if you cannot return to your previous occupation. An attorney can calculate what your specific injury is worth under Illinois law.

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- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

They were extremely knowledgeable and fair in all matters related. They exemplified excellent customer service and care. They kept me inform and updated every step of the way and any questions I had they answered. I highly recommend using them as I would again.

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I was put to ease with the professionalism at Briskman and Briskman.

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Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers (BBG) is a legal team you want on your side.

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