Abstract: Workplace accidents are a major cause of injury and illness in Illinois, especially in and around the Chicago metropolitan area. Traditionally, the sole remedy for many employees who were injured on the job was a workers’ compensation claim, however, injured employees may be able to pursue a personal injury case in certain situations. While there are significant legal differences between work-related accidents and traditional personal injury cases, the line between the types of claims is blurring. Both the causes and seriousness of Chicago workplace accidents vary by industry; however, an injured worker’s ability to recover for their injuries depends on a variety of factors including who caused the accident, how the accident occurred, the injured worker’s employment status and the employment status of the at-fault party.
Data Collection: The data used for this report was taken from the U.S. Bureau of Labor Statistics, State of Illinois Department of Public Health, Illinois General Assembly Illinois Compiled Statutes, the Centers for Disease Control, the National Safety Council and the State of Illinois Workers’ Compensation Commission.
A wide range of injuries may qualify for workers' compensation
When discussing workplace accidents, certain types of incidents may come to mind. For example, a factory worker may be injured by a malfunctioning piece of equipment. However, now more than ever, employees perform almost every type of task imaginable. This somewhat recent development blurs the lines between what were once two distinct types of cases: personal injury cases and wrongful death cases.
Today, any type of accident can be a workplace accident, including motor vehicle accidents, construction injuries, slip-and-fall accidents and product liability cases.
As of December 2022, the industries that employee the largest number of people Illinois are:
Injuries in the state's public and private sectors
Work-related accidents vary in severity, depending on the industry as well as the type of injury. While there are hundreds of fatal Illinois workplace accidents, there are over 100,000 accidents that result in serious injury.
In 2021, there were 124,700 non-fatal work-related injuries and illnesses in Illinois, including 102,000 reported by private employers and 22,700 government workers. Of those, over 79,600 required the employee either miss work, transfer positions or otherwise restricted the employee’s ability to perform their job. In 2021, 85 percent of private industry recordable cases were injuries. Workplace illnesses accounted for the additional 15,300 incidents.
Two supersectors — education and health services and trade, transportation, and utilities — account for 60 percent of all private sector workplace injuries and illnesses.
The industries with the highest rate of injury are:
Eighty-seven percent of injuries and illnesses reported in Illinois’ public sector occurred among local government workers.
Industries in which workers are most likely to sustain an injury requiring they miss one or more days of work
Overall, in 2021, over 63 percent of workplace injuries or illnesses resulted in an employee missing work. Per industry, the percentage of injuries that cause employees to miss days of work break down as follows:
Another way to gauge the seriousness of an Illinois workplace accident is to consider the percentage of injuries that require an employee transfer positions because they can no longer perform the necessary functions of their job. Across all industries, public and private, 19 percent of workplace injuries resulted in an employee transferring positions. Below is a list of industries in which workers are most likely to require a transfer after sustaining an on-the-job injury:
Fortunately, Fatalities Are Not As Common As Injuries
Nationwide, more than 5,000 people die each year in work-related accidents. The United States Bureau of Labor Statistics (BLS) maintains records of all fatal workplace accidents. The ten-year average between 2010 and 2020 is 168 deaths per year. The majority of these workplace fatalities occur in positions involving employees who are paid an hourly wage or an annual salary. However, about 42 work-related fatalities each year involve self-employed workers. Below is a table of fatal Illinois work-related accidents:
| 2010 | 206 deaths |
| 2011 | 177 deaths |
| 2012 | 146 deaths |
| 2013 | 176 deaths |
| 2014 | 164 deaths |
| 2015 | 172 deaths |
| 2016 | 171 deaths |
| 2017 | 163 deaths |
| 2018 | 184 deaths |
| 2019 | 158 deaths |
| 2020 | 135 deaths |
The BLS also keeps state and national records regarding the types of accidents that cause or contribute to workplace fatalities.
In 2020, the statistics for fatal workplace accidents nationwide were as follows:
These numbers largely mirrored the Illinois results; however, a larger percentage of fatal Illinois workplace accidents were caused by transportation accidents and incidents involving contact with objects or equipment. The private transportation and warehousing industry sector had the highest number of fatalities in Illinois, accounting for 20 percent of all worker deaths.
Incidents by Gender and Age
When it comes to the gender of Illinois workplace accident victims, men accounted for 93 percent of deaths. This figure was in line with the national average. Middle-aged and older workers are most at risk to suffer a fatal workplace injury. According to the BLS, in 2020, the ages of employees who were killed in Illinois on-the-job accidents were as follows:
| 18 to 19 years old | 1 death (one percent) |
| 20 to 24 years old | 4 deaths (three percent) |
| 25 to 34 years old | 25 deaths (19 percent) |
| 35 to 44 years old | 25 deaths (19 percent) |
| 45 to 54 years old | 23 deaths (17 percent) |
| 55 to 64 years old | 38 deaths (28 percent) |
| 65 years and over | 18 deaths (13 percent) |
In Illinois, 99.7 percent of all employers are covered by the state’s workers’ compensation program. Of the employees that miss three or more days of work, 40,000 file a workers’ compensation claim.
The average amount of time, in weeks, of an injured workers Temporary Total Disability claim in Illinois is 19 weeks. The average across the United States is 13 weeks.
According to the BLS, in 2017, independent contractors made up nearly seven percent of the workforce in the United States. However, according to more recent statistics by the United States Department of Labor, one in ten workers is an independent contractor. Certain industries are more likely to use independent contractors. The following are those jobs with the most workers classified as independent contractors:
For those who are injured while on the job by another person who is working, that worker’s employment status can be an important consideration that may affect the injured party’s ability to recover. If the at-fault party is an independent contractor, it is unlikely that the accident victim will be able to pursue the company the contractor was working for at the time of the accident.
There are crucial differences between workers' comp and personal injury cases
The type of compensation available to an injured party depends on whether an injury occurred on or off the job. Historically, there has been a distinction between workplace accidents and other personal injury accidents. People not injured at work have always been able to pursue a claim against the at-fault party. If successful, Chicago personal injury plaintiffs can recover economic damages, including the costs of past and future medical expenses, lost wages, as well as for any decrease in earning capacity caused by the accident.
The availability of non-economic damages is one of the most significant differences between traditional personal injury cases and Illinois workers’ compensation claims, as non-economic damages can easily reach into the millions of dollars. However, there are other critical differences between these two claims. For example, personal injury claims require a plaintiff establish that the named defendant was legally negligent whereas the workers’ compensation program is a no-fault system designed to more quickly process claims.
To establish liability in an Illinois personal injury claim, the plaintiff must present evidence proving each of the following elements:
Together, these elements make up a claim of negligence, which is the basis of the vast majority of personal injury claims.
A workers’ compensation claims in Illinois does not require that an injured employee prove that an employer was at fault. Instead, someone hurt in an on-the-job accident must be able to show the following:
When it comes to determining the cause of a workplace accident, on-the-job accidents can be broken down into four categories:
For workplace accidents falling into the first two categories, the injured workers’ most likely remedy will be through a workers’ compensation claim. However, when an employer’s actions are involved, the injured worker may be able to pursue a personal injury claim against an employer, provided the employee can show that the employer’s actions were willful or intentional.
Preventable accidents are the third-leading cause of death in the United States and the fourth-leading cause of death in Illinois. Each year in Illinois, thousands of people die as the result of an accident. In fact, according to the most recently available data from the Centers for Disease Control, there were over 6,000 preventable deaths in Illinois in 2019 alone.
The type of compensation that is available for an injured employee depends on a variety of factors. Most notably, these factors can be broken down in to those involving the facts surrounding the accident and how it occurred and those involving the employment status of the injured employee.
In situations where a non-employer third party is responsible for a worker’s injury, the at-fault party’s employment status will also be a crucial consideration. Illinois workplace accident cases can be complex, and those who have been injured in an on-the-job accident should reach out to a dedicated Chicago personal injury and wrongful death attorney as soon as possible.
If you or someone you care about has recently been injured in a Chicago workplace accident, the dedicated Illinois personal injury lawyers at Briskman Briskman & Greenberg can help. Our attorneys represent injured employees and their families in personal injury and workers’ compensation claims. Our firm has over 30 years of experience advocating on behalf of Chicago workers, and we know what it takes to succeed on our clients’ behalf. From the moment you invite us to work on your case, we diligently investigate your claim, seeking to uncover all potentially liable parties and theories of liability. All cases are handled on a contingency basis, which means that we will only accept payment if we are successful in getting compensation for you or your family. To learn more, call 1-877-595-4878 to schedule a free consultation today.
If you or a loved one was recently injured in an accident, it isn’t right for you to bear the brunt of the economic costs associated with your injuries. At Briskman Briskman & Greenberg, we can help. Our attorneys will meet with you to answer your questions, review the recovery process, and help you determine the best course of action. If you decide to bring us on your team, we will immediately prepare your claim.
Since 1987, the lawyers at Briskman Briskman & Greenberg have developed a reputation for being compassionate advocates who aggressively seek compensation on behalf of injury victims. We recognize the challenges that you and your family go through after an accident and cater our representation according to your unique needs. To learn more and schedule a free consultation with one of our Illinois personal injury lawyers, give us a call at 877-595-4878. You can also reach us through our online contact form.
