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Chicago Workers’ Compensation Lawyers for Falling Object Injuries

A falling object at work can end a career in seconds. Whether it is a steel beam tumbling from scaffolding near the Willis Tower construction corridor, a warehouse pallet tipping in a Bridgeport facility, or a loose tool dropped from a rooftop in Wicker Park, the result is the same: a worker on the ground, hurt, and uncertain about what comes next. If that happened to you, Illinois law gives you real rights, and Briskman Briskman & Greenberg is ready to help you use them.

Why Falling Object Injuries Are So Dangerous for Chicago Workers
How the Illinois Workers’ Compensation Act Covers Falling Object Injuries
Common Causes and Types of Falling Object Injuries in Chicago Workplaces
What Benefits Can You Recover Under Illinois Workers’ Compensation?
When a Third-Party Claim May Apply Alongside Your Workers’ Compensation Case
Steps to Take After a Falling Object Injury at a Chicago Worksite
FAQs About Chicago Workers’ Compensation for Falling Object Injuries

Why Falling Object Injuries Are So Dangerous for Chicago Workers

Falling objects are one of the most serious threats in any physical workplace. The U.S. Bureau of Labor Statistics reports more than 50,000 “struck by falling object” recordable injuries every year in the United States, which works out to nearly 116 injuries caused by falling objects every day. That is not a distant statistic. It plays out daily on Chicago job sites, in manufacturing plants along the Calumet River, in warehouses near O’Hare, and in high-rise construction zones across the Loop.

The physics alone make these incidents so damaging. A tool weighing only eight pounds falling from a height of 200 feet will travel at approximately 80 miles per hour and can have an impact force of 5,540 pounds. Even a small object dropped from a modest height can fracture a skull, shatter a shoulder, or crush a hand.

Over 200 workers are killed by falling objects or equipment in the workplace each year in the United States, accounting for five percent of all fatal occupational injuries, according to the U.S. Bureau of Labor Statistics. These are not freak accidents. They happen because of inadequate safety protocols, poor equipment maintenance, and failure to follow federal OSHA standards.

OSHA has determined that struck-by hazards are one of the four main safety hazards, known as OSHA’s Fatal Four, that account for a majority of all worker deaths each year on the job site. For Chicago workers, this means falling object injuries are a recognized, preventable category of harm, and when employers fail to prevent them, injured workers have legal options.

As a Chicago personal injury lawyer firm with decades of experience representing injured Illinois workers, Briskman Briskman & Greenberg understands exactly how these cases work and what it takes to get workers the benefits they deserve.

How the Illinois Workers’ Compensation Act Covers Falling Object Injuries

The Chicago workers’ compensation lawyer team at Briskman Briskman & Greenberg handles falling object claims under a specific legal framework: the Illinois Workers’ Compensation Act, 820 ILCS 305. This law is the foundation of every work injury claim in Illinois, and it applies directly to workers hurt by falling objects on the job.

Under 820 ILCS 305/2, an employer who elects to provide workers’ compensation coverage relieves themselves of general liability for workplace injuries. In exchange, the injured worker receives benefits without needing to prove the employer was at fault. The trade-off is straightforward: you do not have to prove negligence, but your recovery is limited to what the Act allows.

To qualify for benefits, 820 ILCS 305/2 requires that the injury arise “out of and in the course of the employment.” A falling object injury almost always meets this standard, because it occurs at work, during work activity, and involves a risk tied directly to the job. A roofer struck by a dropped nail gun in Lincoln Square, or a factory worker hit by a falling pallet in a Pilsen plant, both have a clear connection between their injury and their job duties.

Under 820 ILCS 305/8, your employer must pay for all necessary medical care, including first aid, surgery, hospital services, and any treatment reasonably required to cure or relieve the effects of your injury. The Act also covers physical, mental, and vocational rehabilitation when needed. These are not optional benefits. They are legal obligations your employer must meet.

Notice matters too. Under 820 ILCS 305/6(c), you must notify your employer of the accident as soon as practical, and no later than 45 days after the injury. Missing that window can jeopardize your claim. Call Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible after a falling object injury so we can help you protect your rights from day one.

Common Causes and Types of Falling Object Injuries in Chicago Workplaces

Falling object injuries happen across many industries in Chicago, not just construction. Understanding the most common causes helps workers recognize when their employer may have failed to provide a safe work environment.

On construction sites near the Chicago Riverwalk or along the Dan Ryan Expressway corridor, unsecured tools and materials are a constant risk. Workers on scaffolding may drop hammers, wrenches, or power tools onto workers below. Improperly secured crane loads can shift and fall. Falling objects due to rigging failure, loose or shifting materials, equipment malfunctions, and vehicle or equipment strikes are all recognized causes of struck-by injuries.

In warehouses and distribution centers near Midway Airport or along the I-55 industrial corridor, improperly stacked shelving and unsecured pallets create serious hazards. A pallet loaded with heavy goods can tip from a high shelf with no warning. Forklift operations that place materials at elevation add another layer of risk when loads are not properly balanced or secured.

In manufacturing plants across the South Side and near the Chicago Sanitary and Ship Canal, heavy machinery parts, tools, and raw materials are often moved overhead. Conveyor systems, overhead cranes, and elevated platforms all create opportunities for objects to fall if equipment is not properly maintained or guarded.

The injuries themselves range from serious to catastrophic. Workers struck by falling objects commonly suffer traumatic brain injuries, skull fractures, spinal cord damage, shoulder injuries, arm fractures, and crush injuries to the hands or feet. Traumatic brain injuries are among the most common outcomes of workplace falls, particularly in cases involving head impact. Any of these injuries can mean weeks or months away from work, and in severe cases, permanent disability.

OSHA regulations under 29 CFR 1926.501 require fall protection measures on construction sites, and these rules extend to protecting workers below from objects that can fall from elevation. When employers skip these precautions, workers pay the price.

What Benefits Can You Recover Under Illinois Workers’ Compensation?

Illinois workers’ compensation benefits for falling object injuries cover far more than a basic hospital bill. The Illinois Workers’ Compensation Act, 820 ILCS 305, sets out a clear structure of benefits that injured workers are entitled to receive.

Medical benefits come first. Under 820 ILCS 305/8(a), your employer must pay for all necessary medical treatment, including emergency care, surgery, hospitalization, prescription medications, physical therapy, and any ongoing care needed to treat your injury. The employer pays these costs directly, and you should not receive a bill for covered treatment.

Wage replacement benefits come next. If your injury keeps you off work, you are entitled to temporary total disability (TTD) benefits, which equal approximately two-thirds of your average weekly wage while you cannot work. If you can return to a lighter duty role at reduced pay, temporary partial disability (TPD) benefits cover a portion of the wage difference.

For workers left with lasting impairment, permanent partial disability (PPD) benefits compensate for the long-term impact on your body. The Illinois Workers’ Compensation Commission, which oversees all claims in the state, uses a schedule of injuries under 820 ILCS 305/8(d) to assign value to specific body parts and conditions. A skull fracture, spinal injury, or loss of function in a hand or arm all have defined compensation frameworks under the Act.

Under 820 ILCS 305/8(c), serious and permanent disfigurement to visible body parts, including the head, face, neck, arm, or hand, also qualifies for additional compensation. If a falling object left you with a visible scar or deformity, that harm has monetary value under Illinois law.

Finally, vocational rehabilitation benefits are available when your injury prevents you from returning to your previous job. The Act requires your employer to pay for training and education that helps you re-enter the workforce in a capacity suited to your physical condition. A workers’ compensation lawyer at Briskman Briskman & Greenberg can help you identify every benefit you are entitled to and fight to make sure you receive all of it.

When a Third-Party Claim May Apply Alongside Your Workers’ Compensation Case

Workers’ compensation is not always the only path to recovery after a falling object injury. In some Chicago workplace accidents, a third party, meaning someone other than your employer, shares responsibility for what happened. When that is the case, you may have the right to bring a separate civil lawsuit in addition to your workers’ compensation claim.

Under 820 ILCS 310/5(b), if your injury was caused under circumstances creating legal liability on the part of someone other than your employer, you can pursue legal proceedings against that party even while your employer pays workers’ compensation benefits. This is called a third-party claim, and it can significantly increase your total recovery.

Who might be a third party in a falling object case? Consider a Chicago construction site where a subcontractor’s crew drops a load of materials from a scaffold onto a worker employed by a different company. The subcontractor is not your employer, so you can pursue a negligence claim against them directly. A manufacturer who sold a defective crane, hoist, or rigging system that failed and caused an object to fall could also face product liability claims. A property owner who maintained an unsafe worksite in a Chicago neighborhood like Fulton Market or River North might also carry liability.

Third-party claims are governed by Illinois tort law, and they allow you to recover damages that workers’ compensation does not cover, including pain and suffering, loss of quality of life, and full lost wage replacement rather than the two-thirds formula under the Act. These cases require investigation, evidence gathering, and skilled legal advocacy.

The attorneys at Briskman Briskman & Greenberg evaluate every falling object case for third-party potential. If another party contributed to your injury, we pursue every available avenue of recovery. Workers in communities like Berwyn and Cicero who work on multi-employer job sites should speak with a workers’ compensation lawyer about whether a third-party claim applies to their situation. Workers in Decatur and surrounding downstate areas can also reach out to a workers’ compensation lawyer at our firm to discuss their options. And for workers in Cicero, a workers’ compensation lawyer familiar with Cook County industrial worksites can assess whether additional liability exists beyond the workers’ comp claim.

Steps to Take After a Falling Object Injury at a Chicago Worksite

What you do in the hours and days after a falling object injury directly affects your ability to recover full benefits. Acting quickly and correctly protects your claim from the start.

Report the injury to your employer immediately. Under 820 ILCS 305/6(c), you have up to 45 days to give formal notice, but reporting right away is always better. Delays can give employers and insurance carriers a reason to question the legitimacy of your claim. Get your report in writing if possible, and keep a copy.

Seek medical attention right away, even if you feel you can push through the pain. Head injuries and spinal injuries from falling objects often have delayed symptoms. A worker struck on a Chicago construction site near Grant Park might feel disoriented but not realize they have a traumatic brain injury until hours later. Getting evaluated immediately creates a medical record that connects your injury to the workplace incident.

Document everything you can. If you are able, photograph the scene, the object that fell, and the conditions that allowed it to happen. Gather the names of any witnesses. Save any safety logs, incident reports, or communications about the accident. This evidence supports both your workers’ compensation claim and any potential third-party lawsuit.

Do not give recorded statements to your employer’s insurance carrier without speaking to an attorney first. Insurance adjusters are trained to limit claim payouts, and anything you say can be used to reduce or deny your benefits.

Contact Briskman Briskman & Greenberg at (312) 222-0010. Our firm offers free consultations, and we handle workers’ compensation cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Under 820 ILCS 305/16, attorney fees in workers’ compensation cases are regulated by the Illinois Workers’ Compensation Commission and capped by law, so you know exactly what to expect. We serve injured workers across Chicago and the surrounding area, and we are ready to go to work for you.

Briskman Briskman & Greenberg is located in Chicago, Illinois. The firm is responsible for the content on this page.

FAQs About Chicago Workers’ Compensation for Falling Object Injuries

Do I have to prove my employer was negligent to get workers’ compensation benefits after a falling object injury?

No. Under the Illinois Workers’ Compensation Act, 820 ILCS 305/2, you do not need to prove your employer was negligent. You only need to show that your injury arose out of and in the course of your employment. Workers’ compensation is a no-fault system, which means your benefits are available regardless of who caused the accident, as long as the injury happened at work and was connected to your job duties.

What if I was wearing a hard hat but still got hurt by a falling object?

Wearing personal protective equipment does not disqualify you from workers’ compensation benefits. If a falling object injured you despite wearing a hard hat, you are still entitled to file a claim. In fact, the fact that you were following safety protocols may actually strengthen your claim and could support a third-party lawsuit if the object fell due to someone else’s negligence or defective equipment.

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

Under 820 ILCS 305/6(d), you generally have three years from the date of the accident to file a claim with the Illinois Workers’ Compensation Commission if no compensation has been paid, or two years from the date of the last compensation payment, whichever is later. However, you must also notify your employer within 45 days of the injury under 820 ILCS 305/6(c). Missing either deadline can put your claim at risk, so it is important to act quickly.

Can I receive workers’ compensation and also sue a third party for the same falling object injury?

Yes, in many cases. Under 820 ILCS 310/5(b), if someone other than your employer, such as a subcontractor, equipment manufacturer, or property owner, contributed to the conditions that caused the object to fall, you may be able to bring a separate civil lawsuit against that party. A third-party claim can recover damages that workers’ compensation does not cover, including pain and suffering. Briskman Briskman & Greenberg evaluates every falling object case for this possibility.

What if my employer disputes my falling object injury claim or their insurance carrier denies my benefits?

A denied or disputed claim is not the end of the road. You have the right to request a hearing before the Illinois Workers’ Compensation Commission, which is the state agency that adjudicates all workers’ compensation disputes in Illinois. An attorney can help you gather medical evidence, prepare your case, and present it effectively at a Commission hearing. Contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation if your claim has been denied or disputed.

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