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Construction Accident Lawyer Peoria, IL
Free ConsultationsWere you seriously hurt on a construction site and wondering whether workers’ comp is really all you can recover?
Plaintiff-focused attorneys fighting for injured construction workers across Peoria, IL.
Construction is among the most dangerous work there is, and when a worker is hurt, workers’ compensation is often only part of the picture. A construction accident lawyer in Peoria, IL at Jacobson Injury Firm looks beyond the comp claim to the third parties whose negligence may have caused the injury, opening the door to fuller compensation. Attorney Adam Jacobson, licensed in Illinois, prepares every claim for trial. Contact us for a free consultation to understand your options.
Construction Accident Lawyer Peoria, IL
A construction accident claim arises when a worker or bystander is injured on or near a job site. Peoria’s steady residential, commercial, industrial, and roadway construction, including heavy highway work along the I-74 and I-474 corridors, riverfront redevelopment, and projects tied to the region’s manufacturing base, keeps many crews at risk every day. These cases are distinct because they often involve two separate tracks: a workers’ compensation claim against the employer and a separate injury claim against negligent third parties. Most contested third-party cases are heard in the Peoria County Circuit Court, part of the Tenth Judicial Circuit.
Workers’ Compensation and Third-Party Claims
In Illinois, an injured worker generally cannot sue their own employer directly, because workers’ compensation is the exclusive remedy against the employer. Workers’ comp pays medical bills and a portion of lost wages regardless of fault, but it does not pay for pain and suffering or the full value of lost earnings.
The key to fuller recovery is the third-party claim. If someone other than the employer, such as a general contractor, a subcontractor, a property owner, or an equipment manufacturer, negligently caused the injury, the worker can pursue a separate personal injury claim against that party for the full range of damages. Identifying every potentially responsible third party is where an experienced attorney adds the most value.
No Scaffold Law: How Illinois Handles Site Liability
Unlike some states that impose special statutory liability for height-related construction injuries, Illinois has no such “scaffold law.” Instead, construction injury claims proceed under ordinary negligence principles and federal safety standards. OSHA regulations set the baseline for site safety, and a violation of those standards can be strong evidence of negligence in a third-party claim. Proving that a contractor or owner failed to meet recognized safety requirements is often central to the case.
Common Construction Site Accidents in Peoria
Serious construction injuries tend to follow recognized hazards:
- Falls from height. Falls from scaffolding, ladders, and roofs, among the leading causes of construction deaths.
- Struck-by accidents. Falling tools and materials, and moving vehicles and equipment on site.
- Caught-in and caught-between. Trench collapses and workers caught in machinery.
- Electrocution. Contact with live wires and unsafe electrical systems.
- Equipment and machinery failures. Defective tools and equipment, which can also support a product claim.
Why Choose Jacobson Injury Firm as Your Construction Accident Lawyer in Peoria, IL?
Finding the Third-Party Claim
The difference between a workers’ comp check and full compensation often lies in a third-party claim that an inexperienced lawyer might miss. Adam Jacobson brings a litigation-driven mindset to every case. He earned his law degree from Florida International University College of Law and is admitted in Illinois, Florida, New York, and Connecticut. His Bachelor of Science in Biotechnology with a minor in Immunology helps him document the full extent of serious job-site injuries.
Direct Attorney Access and Proven Results
Adam personally handles every case from the first call through resolution. He has recovered millions of dollars for injured clients and prepares each Peoria case for the Peoria County courts.
No Fee Unless We Win
Construction cases are handled on contingency, with a fee owed only if we recover. Job-site injuries are frequently severe, causing a Peoria traumatic brain injury, a Peoria catastrophic injury, or a Peoria wrongful death. Defective equipment can add a Peoria product liability lawyer claim. For the full range, see our Peoria personal injury lawyer overview.
Understanding Damages Under Illinois Law
A workers’ compensation claim covers medical treatment and a portion of lost wages but not pain and suffering. A third-party claim, by contrast, allows recovery of the full range of damages: all medical expenses, complete lost wages and lost earning capacity, pain and suffering, and disfigurement. Under Illinois’s modified comparative negligence rule, 735 ILCS 5/2-1116, a worker who shares some fault can still recover in the third-party case as long as their share does not exceed 50%.
Important Aspects of a Construction Accident Case
Job sites change fast, and evidence disappears with them. Photographs of the scene and the hazard, the names of witnesses and other contractors on site, any OSHA inspection records, and the identity of every company working the project are all critical. Reporting the injury promptly protects the workers’ comp claim, while early legal involvement preserves the evidence needed for a third-party case before the site is altered. OSHA’s construction-safety standards are an important reference point in establishing what went wrong.
The Construction Accident Case Timeline
We make sure your workers’ compensation claim is protected, then investigate the site to identify every negligent third party and applicable insurance policy. We preserve evidence, document OSHA violations, and follow your medical treatment. We submit a demand and negotiate, and if the third party’s insurer refuses to be reasonable, we file suit in the Peoria County Circuit Court. The statute of limitations, 735 ILCS 5/13-202, generally gives two years for the third-party injury claim.
Important Illinois Legal Resources
OSHA sets federal construction-safety standards, Illinois’s modified comparative negligence rule, 735 ILCS 5/2-1116, governs fault in the third-party claim, and the statute of limitations, 735 ILCS 5/13-202, gives most injury claims two years. For broader context on serious injuries, the CDC offers workplace-safety resources.
Construction Accident Lawyer FAQs
Can I sue if I already filed for workers’ compensation?
Often, yes. Workers’ comp is your remedy against your employer, but it does not prevent a separate personal injury claim against a negligent third party, such as a general contractor, subcontractor, property owner, or equipment maker. A third-party claim can recover damages comp does not pay.
Does Illinois have a scaffold law?
No. Unlike some states, Illinois has no special scaffold statute. Construction injury claims proceed under ordinary negligence principles, with OSHA standards serving as important evidence of what safe practice required.
What does a third-party claim recover that workers’ comp does not?
A third-party claim allows recovery of pain and suffering, the full value of lost earnings and earning capacity, and disfigurement, none of which workers’ compensation pays. This is why identifying a liable third party can make a significant difference.
How long do I have to file a construction injury claim in Illinois?
The third-party injury claim generally must be filed within two years under 735 ILCS 5/13-202. Workers’ comp has its own separate deadlines, so prompt action protects both.
What does it cost to hire you?
Nothing upfront. We work on a contingency basis, no fee unless we win.
Contact Jacobson Injury Firm to Schedule a Consultation
If you or a loved one was injured on a Peoria construction site, there may be more compensation available than workers’ comp alone. A Peoria construction accident lawyer at Jacobson Injury Firm can review what happened, identify every liable party, and pursue the full compensation Illinois law allows. Consultations are free, and we work on contingency. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.