Chicago Construction Accident Lawyers
If you were hurt on a construction site in Chicago, you are probably dealing with a lot right now. Pain, missed paychecks, medical bills, and pressure from your employer or their insurance company. You may not even be sure whether workers’ compensation is your only option or if someone else is responsible for what happened to you.
Injury claims resulting from workplace accidents are different than other personal injury cases. The Chicago construction accident lawyers at Kennedy Watkins Injury Attorneys often talk to injured construction workers who are confused about their rights. We aim to answer your questions and make the process of filing a claim easy on you.
We help injured workers and their families pursue full compensation after jobsite injuries. Whether you were hurt in a fall from scaffolding in the West Loop, struck by equipment on a Fulton Market high-rise, or electrocuted on a renovation project in Pilsen, we can help you sort out your legal options and fight for what you deserve.
Call (312) 448-8181 for a free consultation. We are available 24 hours a day, 7 days a week.
Call Us 24/7: (312) 448-8181 | 350 N. Orleans St., Suite 9000N, Chicago, IL 60654 | Get in Touch With Us Today
Is It Worth Hiring a Construction Accident Lawyer in Chicago?
Construction accident cases in Illinois are more complicated than many people realize. You may be entitled to workers’ compensation benefits, a third-party personal injury lawsuit, or both. Without an experienced construction accident attorney, you could settle for workers’ comp alone and lose out on the full value of your claim.
Our team of Chicago construction accident lawyers can review your case and determine whether you may be able to pursue compensation beyond what workers’ comp limits you to.
Construction sites involve multiple contractors, subcontractors, equipment manufacturers, and property owners. We can identify all responsible parties and pursue all available sources of compensation on your behalf.
A Martindale-Nolo study published by Forbes found that injury victims who worked with a lawyer received a payout 91% of the time, while those without representation only collected 51% of the time. After deducting attorney fees, represented clients secured nearly three times more than people who handled claims on their own.
Why Chicago Construction Workers Trust Kennedy Watkins Injury Attorneys
Attorneys Jack Kennedy and Daniel Watkins built this firm to stand up for people who have been seriously hurt through no fault of their own. They work every case together from intake through resolution.
Their track record in personal injury cases includes a $34,000,000 wrongful death verdict, a $10,000,000 pedestrian recovery, and a $7,365,000 verdict for a fatal accident on the Dan Ryan Expressway. That same level of preparation and commitment backs every construction accident case we take on.
We Know How Multi-Party Construction Claims Work
Chicago construction sites involve layers of contractors, subcontractors, and insurers. We untangle those relationships to identify every responsible party and every available insurance policy.
We Are Available 24/7 and Will Come to You
A serious construction injury can leave you unable to travel. Our attorneys will meet you at your home, your hospital room at Stroger, Northwestern, or Rush, or wherever you are most comfortable.
You Pay Nothing Unless We Win
We handle every construction accident case on contingency. No upfront costs, no hourly fees, and no payment unless we recover compensation for you.
What Is the Number One Killer of Construction Workers?
Falls are the leading cause of death for construction workers in the United States. The Occupational Safety and Health Administration (OSHA) tracks what it calls the “Fatal Four,” the four types of accidents that cause roughly 60% of all construction worker deaths each year.
The Fatal Four are:
- Falls from scaffolds, ladders, roofs, and unguarded edges, which account for nearly 39% of all construction fatalities
- Struck-by incidents involving falling tools, swinging loads, or heavy equipment
- Caught-in or caught-between accidents, such as trench collapses, machinery entrapment, and crushing injuries
- Electrocutions from exposed wiring, overhead power lines, or improperly grounded tools
Chicago’s construction boom has made these hazards especially relevant. With projects like Lincoln Yards, The 78 in the South Loop, and dozens of high-rises across Fulton Market and the West Loop, thousands of workers are on active jobsites every day.
The Centers for Disease Control and Prevention (CDC) runs a national campaign specifically focused on preventing falls in construction, but the reality is that even the safest Chicago construction site becomes potentially deadly when just one person or party fails to meet its legal obligations to keep workers safe.
An OSHA violation on the jobsite can be powerful evidence in your case. OSHA’s most cited violations include fall protection, scaffolding, and ladder safety.
Can I Sue After a Construction Accident in Chicago, or Am I Limited to Workers’ Comp?
Illinois requires most employers to carry workers’ compensation insurance. The Illinois Workers’ Compensation Commission oversees these claims. If you were injured on a construction site, workers’ comp covers your medical bills and a portion of your lost wages regardless of whose fault the accident was. However, workers’ comp does not pay for pain and suffering, and the wage benefits are limited.
A third-party lawsuit is a separate legal claim you can file against someone other than your employer who contributed to your injury. On a busy Chicago construction site, third-party claims are common because many different companies share the same work area.
Potentially liable third parties include:
- General contractors who failed to maintain safe conditions on the site
- Subcontractors whose negligence caused your injury
- Property owners who knew about hazardous conditions
- Equipment manufacturers whose defective products caused the accident
- Architects or engineers whose design errors created unsafe conditions
A third-party claim allows you to recover full compensation for pain and suffering, lost earning capacity, and other damages that workers’ comp does not cover. Our construction accident lawyers at Kennedy Watkins will review your case to determine whether a third-party lawsuit makes sense alongside your workers’ comp claim.
What Compensation Can I Recover After a Construction Accident in Illinois?
The compensation available after a construction accident depends on whether you file a workers’ comp claim, a third-party lawsuit, or both. Here is how the two compare.
| Workers’ Compensation | Third-Party Lawsuit |
|---|---|
| Medical bills (full coverage) | Medical bills (past and future) |
| Temporary total disability (66.7% of wages) | Full lost wages and earning capacity |
| Permanent partial or total disability | Pain and suffering |
| Vocational rehabilitation | Emotional distress |
| Death benefits for the surviving family | Loss of enjoyment of life |
| No pain and suffering | Scarring and disfigurement |
Filing both a workers’ comp claim and a third-party lawsuit at the same time is legal in Illinois. Many construction accident victims recover significantly more by pursuing both paths. The Kennedy Watkins construction injury lawyers can review your case and determine whether you’re eligible to pursue a third-party claim.
What Are the Most Common Construction Accident Injuries in Chicago?
Construction injuries tend to be severe because of the heavy equipment, heights, and hazardous materials involved. Our construction accident attorneys at Kennedy Watkins have represented workers with the following injuries.
Traumatic Brain Injuries
A fall from a scaffold or a blow from a falling object can cause a traumatic brain injury (TBI). TBIs range from concussions to permanent brain damage and may require long-term treatment at facilities like the Shirley Ryan AbilityLab or Northwestern Memorial Hospital.
Spinal Cord Injuries and Paralysis
Falls, trench collapses, and equipment accidents can damage the spinal cord and result in partial or complete paralysis. These injuries often require years of rehabilitation and adaptive equipment.
Broken Bones and Crush Injuries
Fractures to the legs, arms, pelvis, and ribs are common in construction accidents. Crush injuries from heavy equipment or collapsing structures can cause permanent damage to limbs and internal organs.
Burns and Electrocution Injuries
Electrical burns, arc flash injuries, and chemical burns are frequent on construction sites with active wiring, welding operations, or hazardous materials. Severe burns often require treatment at the Loyola University Medical Center Burn Center.
Amputations
Power tools, heavy machinery, and unguarded equipment can cause traumatic amputations on the jobsite. These life-altering injuries affect a worker’s ability to earn a living for the rest of their career.
If your injury is not listed here, that does not mean you lack a valid claim. Contact our construction accident lawyers at Kennedy Watkins for a free evaluation.
Talk to a Construction Accident Lawyer
Ask Kennedy Watkins About Your Chicago Construction Accident Case
Q: What should I do after a construction accident if I am seriously injured?
A: Get medical help first. If you can, report the accident to your employer as soon as possible and ask someone you trust to write down what happened, take photos of the area, save witness names, and keep copies of medical records or work injury paperwork.
Contact a personal injury lawyer as soon as possible. They will preserve evidence, contact witnesses, review jobsite safety records, and determine whether you may have both a workers’ compensation claim and a third-party injury claim.
Q: How much does a construction accident lawyer in Chicago cost?
A: A construction accident lawyer at Kennedy Watkins costs nothing up front or out of pocket. We work on a contingency fee basis, which means we only get paid if we recover compensation for you. The consultation is free, and there are no hourly rates or retainers. We get paid only if you get paid.
Q: Can I file a lawsuit if I already received workers’ comp benefits?
A: Yes. Workers’ compensation and a third-party lawsuit are separate legal paths in Illinois. If someone other than your employer caused or contributed to your injury, you may pursue a personal injury claim for additional compensation, including pain and suffering, which workers’ comp does not cover.
Q: What if the construction company is pressuring me not to file a claim?
A: Construction companies and their insurers sometimes try to discourage injured workers from pursuing legal action. You have every right to file a third-party personal injury claim in Illinois, and no one can legally prevent you from doing so. Our construction accident attorneys at Kennedy Watkins can handle all communications so you do not have to deal with that pressure on your own.
Why Are Some Construction Injuries Harder to Prove Than Others?
Some of the most painful and disabling construction injuries are also the hardest to prove in court. Insurance companies often challenge these claims because the injuries do not show up clearly on an X-ray or MRI.
Soft Tissue Damage
Torn ligaments, strained muscles, and herniated discs can cause debilitating pain but may not appear on standard imaging tests. Insurance adjusters frequently downplay these injuries despite the real limitations they cause.
Traumatic Brain Injuries
Mild to moderate head injuries can cause memory loss, headaches, mood changes, and difficulty concentrating. These symptoms are invisible but life-altering. Proving the connection between a jobsite accident and cognitive changes requires specialized medical testimony and documentation.
Chronic Pain Conditions
Some construction workers develop complex regional pain syndrome (sometimes referred to as “chronic regional pain syndrome”) or other lasting pain conditions after an injury. These are real medical diagnoses, but proving them to an insurance company or jury takes experienced legal representation.
Emotional and Psychological Trauma
Illinois law may allow compensation for emotional or psychological trauma in some workplace injury cases, especially when the condition is tied to a sudden, severe jobsite event and supported by medical evidence. These claims often require careful documentation and legal analysis.
Post-traumatic stress disorder (PTSD), anxiety, and depression can affect people after serious construction accidents, including injured workers and those who witnessed a catastrophic workplace event, such as a co-worker’s death.
Having a construction accident attorney who can work with the right medical professionals can make a meaningful difference in proving these less visible injuries.
How Long Do I Have to File a Construction Accident Claim in Illinois?
Illinois gives construction accident victims two years from the date of the injury to file a personal injury lawsuit. Workers’ compensation claims have a separate deadline of three years from the accident date, or two years from the last payment of benefits.
Claims against a city, county, or government entity may have a deadline as short as one year. If you were hurt on a public infrastructure project in Chicago, reaching out to a construction accident lawyer quickly is critical to protect your rights.
Questions Injured Construction Workers in Chicago Are Asking
Can I sue the general contractor if a subcontractor’s negligence caused my injury?
A: Yes, if the general contractor retained control over safety conditions at the jobsite. Illinois law allows injured workers to pursue claims against any party whose negligence contributed to the accident, including general contractors who failed to enforce safety protocols.
What if I was an independent contractor, not a W-2 employee?
A: Independent contractors may not qualify for workers’ compensation, but they can still file a third-party personal injury lawsuit. Whether you are classified as an employee or an independent contractor depends on several factors, and misclassification is common in the construction industry. A Kennedy Watkins construction accident attorney can review your situation.
What happens if my employer does not have workers’ comp insurance?
A: Illinois requires most employers to carry workers’ compensation insurance. If your employer failed to do so, you may be able to file a lawsuit directly against them for your injuries. You may also file a claim with the Illinois Workers’ Compensation Commission.
Can my family sue if a construction accident killed my loved one?
A: Yes, Illinois allows surviving family members to file a wrongful death lawsuit after a fatal construction accident. The claim can seek compensation for medical bills, funeral costs, lost income, and the emotional toll on your family. There is a two-year filing deadline.
How long does a construction accident case take to settle?
A: Most construction accident cases take several months to a year to resolve. Cases involving severe injuries, multiple defendants, or disputed liability tend to take longer. Your construction accident attorney at Kennedy Watkins can give you a clearer timeline after reviewing the facts.
What if OSHA cited my employer for safety violations after my accident?
A: An OSHA citation can serve as strong evidence that your employer or a third party violated federal safety standards. While an OSHA violation alone does not guarantee liability, it can significantly strengthen your case and support your claim for damages.
Can I recover compensation if I was partly at fault for the construction accident?
A: Yes, you may still recover compensation if you were 50% or less at fault, but your compensation may be reduced by your percentage of fault. If you were more than 50% responsible, Illinois law may bar recovery.
Talk to a Chicago Construction Accident Lawyer at Kennedy Watkins Today
If a construction site accident has left you injured and uncertain about your rights, our attorneys at Kennedy Watkins are ready to help. We will review your case, explain your options for workers’ comp and third-party claims, and fight to get you the compensation you need to move forward.
Call (312) 448-8181 or get in touch with us today for a free, confidential consultation. We are available around the clock and will come to you.