Construction Accident Lawyer Chicago, IL

A fall from a scaffold, a blow from a swinging load, or contact with a live wire can end a construction worker’s career in seconds. A construction accident lawyer in Chicago, IL can explain how workers’ compensation applies, look for other parties who share responsibility, and pursue every available source of recovery. Jacobson Injury Firm represents injured construction workers and bystanders throughout Chicago. Contact the firm for a free consultation.

How Construction Accident Claims Work in Illinois

Most injured construction workers have two possible paths: a workers’ compensation claim against their own employer, and a personal injury claim against anyone else who caused the accident.

Workers’ compensation benefits are generally paid regardless of fault. According to the Illinois Workers’ Compensation Commission handbook, benefits include medical care, temporary total disability, temporary partial disability, vocational rehabilitation and maintenance, permanent partial and permanent total disability, and death benefits for survivors.

In exchange, Illinois limits lawsuits against employers. Under 820 ILCS 305/5(a), a covered employee generally has no right to sue the employer for damages beyond the compensation the Act provides. This is called “exclusivity,” meaning workers’ compensation is the exclusive remedy against the employer.

Exclusivity does not protect everyone else on the job. Section 5(b) allows an injured worker to bring a “third-party claim” against a person other than the employer whose conduct caused the injury, even while receiving workers’ compensation.

The Structural Work Act no longer applies

Illinois construction workers once could sue under the Structural Work Act. The General Assembly repealed it by Public Act 89-2, effective February 14, 1995, as the Illinois Supreme Court explained in Atkins v. Deere & Co. (1997). Third-party claims today are built on other legal theories, such as negligence.

Where Construction Accidents Happen in Chicago

Construction work is spread across every part of Chicago. According to the City of Chicago’s building permit data, the city issued 1,460 new construction permits, 5,505 renovation and alteration permits, and 661 wrecking and demolition permits in 2025.

Public infrastructure projects add to that activity. The CTA’s Red Line Extension will extend the Red Line 5.5 miles from the 95th/Dan Ryan terminal to 130th Street, with four new stations.

Nationally, falls remain the biggest danger. OSHA reports that falls are the leading cause of death in construction. In 2024, 389 of the 1,034 construction deaths counted by the Bureau of Labor Statistics were falls to a lower level. OSHA’s general fall protection standard was also the most frequently cited standard in federal OSHA inspections in fiscal year 2024, according to OSHA’s commonly used statistics.

Common Types of Construction Accidents in Chicago

OSHA’s Focus Four hazards are falls, caught-in or caught-between incidents, struck-by incidents, and electrocution. Jacobson Injury Firm handles construction accident claims involving:

• Falls from roofs, scaffolds, ladders, and unprotected edges
• Struck-by incidents involving falling tools, materials, or moving equipment
• Caught-in or caught-between incidents involving machinery or collapsing material
• Electrocution from power lines or exposed wiring
• Defective tools, equipment, or safety gear
• Injuries to pedestrians and bystanders near job sites

OSHA states that workers six feet or more above lower levels are at risk of serious injury or death if they fall, and that employers must provide fall protection and the right equipment for the job.

What Compensation Can a Construction Accident Victim Recover?

Workers’ compensation covers the benefit categories listed above. A third-party claim can seek damages that workers’ compensation does not pay, including:

• Lost wages and reduced earning capacity
• Medical expenses, including future treatment
• Pain and suffering
• Mental anguish and loss of enjoyment of life
• Disfigurement and permanent disability

The value of a claim depends on the severity of the injuries, who caused the accident, and the insurance coverage available. Possible third parties include general contractors, subcontractors, property owners, and equipment manufacturers, depending on the facts.

Third-Party Claims, Liens, and Partial Fault

When a worker recovers money from a third party, the employer generally gets paid back. Under 820 ILCS 305/5(b), the employer may have a lien on the recovery for the compensation it paid or will pay. A lien is a legal right to be repaid from the settlement or verdict.

Partial fault also matters in a third-party case. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. A worker found more than 50% at fault cannot recover damages, and a worker 50% at fault or less has the award reduced by their share. A construction accident lawyer in Chicago, IL can investigate the job site to answer claims that the worker caused the accident.

What Should You Do After a Chicago Construction Accident?

If possible, an injured worker should:

• Get medical care.John H. Stroger, Jr. Hospital of Cook County is home to one of the busiest Level 1 trauma centers in the nation.
• Report the injury to the employer.Under 820 ILCS 305/6(c), notice must be given as soon as practicable, and no later than 45 days after the accident.
• Document the scene.Photograph the area, equipment, scaffolding, and any missing guardrails or fall protection.
• Collect names.Note the general contractor, subcontractors, and witnesses on site.
• Be careful with statements.Insurers for the employer or other contractors may ask for a recorded statement. Speaking with an attorney first can help protect the claim.

The firm’s article on how strong a personal injury case is explains what evidence matters most.

How Long Do You Have to File a Construction Accident Claim in Illinois?

Different deadlines apply to each type of claim:

• Workers’ compensation:Under 820 ILCS 305/6(d), most claims must be filed with the Commission within three years after the accident, or within two years after the last payment of compensation, whichever is later.
• Third-party injury claims:Under 735 ILCS 5/13-202, most personal injury suits must be filed within two years.
• Claims against a local public entity:Under 745 ILCS 10/8-101, most suits must be filed within one year.

Job site conditions can change quickly after an accident, so early action helps preserve evidence.

No Fee Unless We Win

Jacobson Injury Firm handles construction accident cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

Clients work directly with attorney Adam Jacobson, who is licensed in Illinois, Florida, New York, and Connecticut. The firm represents injured people only, and he prepares each case as if it may go to trial. The firm’s case results show its past recoveries. Past results do not guarantee a similar outcome.

Frequently Asked Questions

Can I sue my employer after a construction accident in Illinois?

In most cases, no. Under 820 ILCS 305/5(a), workers’ compensation is generally the exclusive remedy against an employer. An injured worker may still have a third-party claim against a contractor, property owner, or equipment maker.

Can I get workers’ compensation and file a lawsuit?

Yes. Section 5(b) of the Workers’ Compensation Act allows a third-party claim even while the worker receives benefits. The employer may have a lien on the third-party recovery for what it paid.

Does the Structural Work Act still apply?

No. Illinois repealed the Structural Work Act effective February 14, 1995. Claims arising today rely on other theories, such as negligence and product liability.

What if I am a bystander hurt near a construction site?

A bystander is not limited by workers’ compensation exclusivity. A pedestrian or neighbor hurt by falling debris or equipment may bring a personal injury claim against the responsible parties.

How much does a construction accident lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Construction Accident Lawyer in Chicago, IL

Jacobson Injury Firm’s Chicago office is listed on its Google Business Profile: Jacobson Law Offices, 1 E Erie St Ste 525, Chicago, IL 60611. An injured construction worker should not have to sort out workers’ compensation, liens, and third-party claims while recovering. A construction accident lawyer in Chicago, IL can review the job site, identify every responsible party, and pursue full compensation. Contact Jacobson Injury Firm today to schedule a free consultation.