Chicago Construction Workers’ Comp Lawyer

Navigate Workers’ Compensation Insurance Claims With Nationally Recognized Personal Injury Lawyers

Chicago construction workers’ comp claims can be challenging, but our lawyers are here to help. We will help you prepare your claim, negotiate with insurance, and ensure that you receive fair compensation for a construction injury. Contact us today for a free consultation about your rights. 

Settlements and Verdicts from Workers’ Comp Insurance Claims

• $11,000,000 wrongful death settlement for a forklift accident
• $1,800,000+ lifetime payments for a construction worker who suffered a career-ending fall
• $7,000,000 for a punch press injury

Construction: One of the Most Dangerous Industries in Illinois

In 2021, the Bureau of Labor Statistics identified 986 construction-related deaths, with 378 caused by falls from height. 20% of worker fatalities are in the construction industry, even though this field represents only 6% of all workers. 

According to the Bureau of Labor Statistics, the percentage of construction-related fatalities is slightly higher in Illinois. In 2023, 21% of all workplace deaths were in the construction industry, with most of these being in specialties like roofing. This is despite the fact that only 39,508 people statewide are employed in construction. 

Common Causes of Construction Accidents

Dangerous accidents on job sites can cause devastating, life-long injuries. These are some of the most common reasons that workers may be hurt while on site.

Falls: In 2021, construction accounted for 46.2% of all fatal falls, slips, and trips. Injured workers may have been working on scaffolds, ladders, or roofs, leading to very high falls. 

Struck By Objects: Nationwide, over 42,000 workplace accidents are caused by falling objects annually.

Electrocution: Between 2011 and 2021, there were 1,653 electrical fatalities nationwide. 69% happened in non-electrical occupations.

Caught In/Between: Every year, approximately 125,000 workers suffer crush injuries when body parts get caught between machinery.

Heavy Equipment Accidents: About 48% of fatalities and 20% of all non-fatal construction accidents involve being hit by a vehicle. 

Repetitive Motion Injuries: Work-related injuries may also be caused by repetitive motion over time, such as hammering in roofing nails or lifting heavy objects. 

Exposure to Hazardous Chemicals: Construction workers are at risk of being exposed to dangerous chemicals, including asbestos and welding fumes. These can lead to serious lung damage and early mortality. 

Common Construction Site Injuries

Injured employees may suffer from a variety of life-threatening conditions, which include the following.

Broken Bones and Fractures: These are especially common for hands, feet, and arms, which can mean a worker is unable to fulfill their duties. 

Traumatic Brain Injuries (TBIs): A TBI can cause many symptoms, such as personality changes, memory loss, trouble concentrating, and difficulty with daily living.

Spinal Cord Damage: Workers may be paralyzed or forced to use a wheelchair, which means they may have to change careers.

Burns: Electrocution and chemical exposure may cause deep and widespread burns. Not only are these painful, but they can be disfiguring.

Amputation: Workers who have a limb entangled in machinery may lose the use of a hand, foot, arm, or leg.

Back and Neck Problems: Slipped or herniated discs and torn muscles are common problems with construction accidents.

Your Rights Under Illinois Workers’ Compensation Law

Like most states, Illinois law requires employers to carry workers’ compensation insurance for all employees, whether full-time or part-time (820 ILCS §305/1). Independent workers are exempt from this rule. 

Any company with one or more employees must purchase workers’ compensation insurance for all of its workers. Illinois state law is stricter than other places, where the threshold is three or more employees. While sole proprietors, corporate officers, and business partners can be exempt in some other fields, construction companies are always required to buy workers’ compensation insurance due to the high-risk nature of the construction projects. 

Workers’ compensation insurance helps injured employees cover their medical care and time off work. Business owners are required to pay for the workers’ compensation insurance policy and cannot pass the cost onto their employees. 

If a company fails to maintain its workers’ compensation insurance, it may be subject to serious penalties, including work stoppages.

No-Fault Benefits

Workers’ compensation coverage is no-fault, meaning that it does not matter whether the worker or employer was at fault. The only requirement is that the worker was hurt during the course of their employment. 

Types of Workers’ Compensation Benefits

All construction businesses need workers’ compensation insurance coverage, which can pay different benefits depending on the nature of the accident and the workers’ medical needs. All of these insurance types will pay for medical expenses and time off work. 

Medical Benefits: Coverage for Treatment and Rehabilitation

Illinois workers’ compensation insurance will cover all reasonable and necessary medical costs related to your injuries, which can include emergency room visits, surgeries, physical therapy, and medications. 

Temporary Total Disability (TTD) Benefits: Wage Replacement While You Recover

TTD will cover a portion of your lost wages if you are temporarily unable to work at all. 

Temporary Partial Disability (TPD) Benefits: Compensation for Reduced Earning Capacity

With temporary partial disability, you are able to work but in a diminished capacity. This coverage will reimburse you for lost wages. 

Permanent Partial Disability (PPD) Benefits: Compensation for Permanent Impairment

If you are no longer able to perform the same duties, you can be compensated for the difference between your old and new wages. 

Permanent Total Disability (PTD) Benefits: Support 

Those who are completely and permanently disabled can receive benefits for living expenses and ongoing medical treatment. 

Vocational Rehabilitation: Assistance with Returning to Work

If you cannot return to your previous job, workers’ comp benefits can provide workers with physical rehabilitation and occupational treatment so you can be hired somewhere else. 

Death Benefits for Surviving Family Members

Your loved one’s workers’ comp policy can provide benefits until the surviving spouse dies or until dependent children turn 18 (820 ILCS §305/7). 

Choosing Your Doctor Under Illinois Law

Employees have the right to choose their treating physician, and construction companies must ensure their insurance covers these costs (820 ILCS §305/8). 

Reporting Your Injury to Your Employer

You have 45 days to inform your employer that you have been hurt on the job. You can do this orally or in writing, but our construction accident attorneys recommend doing so in writing. The business will then inform the Illinois Workers’ Compensation Commission and begin the claims process. 

Steps to Take After a Construction Site Injury

Intro to the section

You must act quickly after a construction accident. Follow these steps as soon as possible. 

Seek Immediate Medical Attention

Please go to the closest emergency room, such as Rush University Medical Center or UI Health. This will ensure your safety and document the accident. 

Report the Injury to Your Supervisor or Employer

To file a claim, you must report the accident to the company within 45 days. Write a short summary of the date, time, location, and nature of the accident, and keep a copy of the report. 

Document the Accident Scene and Your Injuries

If possible, take photos or videos of the accident scene, which can help identify how it happened. You should also keep your medical records and take photos of your healing process. 

Gather Contact Information for Witnesses

Get contact information for anyone who witnessed the accident. Our workers’ compensation insurance attorneys will use their testimony to support your claim. 

Keep Detailed Records of Medical Treatment, Expenses, and Lost Wages

Keep records of all your medical appointments, bills, time off work, and any related expenses so that your lawyer can ensure workers’ compensation insurance covers these.

Consult with an Experienced Workers’ Comp Attorney

A personal injury lawyer will help you navigate the claims process and protect your rights when dealing with insurance adjusters. 

Filing a Workers’ Compensation Claim in Illinois

In Illinois, you have three years from the date of the injury or two years from the last payment to file a claim. For occupational diseases, the Illinois Supreme Court ruled in Martin v. Goodrich Corp. that workers have more time to take legal action. 

To do so, you will complete the Application for Adjustment of Claim form, ensuring that all information is accurate. Next, you’ll file this with the Illinois Workers’ Compensation Commission. 

Dealing with the Insurance Company and Potential Challenges

The workers’ comp insurance company is not on your side, and they will play games to avoid paying, such as refusing to investigate or claiming you were hurt outside of the scope of employment. Our team will counter these claims using hard evidence, such as your medical records and eyewitness testimony.

Appealing a Denied Workers’ Compensation Insurance Claim

If your claim is denied, our attorneys can help you fight back. You will request a hearing before an arbitrator and provide evidence of your claim. The arbitrator will then review the evidence, such as your claims history and medical records, to determine whether you were hurt on the job. 

Sometimes, the arbitrator will rule in favor of business owners instead of employees. If this occurs, our attorneys can appeal the decision or take your case to court. 

Why You Need an Experienced Workers’ Compensation Lawyer

Contracting businesses and insurance companies will do everything they can to prevent you from receiving fair benefits, which is why you need an experienced attorney on your side. Our Chicago workers’ compensation lawyers will thoroughly investigate your claim and provide hard evidence proving you were hurt on the job site. We will guide you through the claims process and negotiate with insurance for a fair settlement. If this isn’t possible, we can instead file a personal injury claim and prove the construction business’s wrongdoing, such as failing to adhere to safeguards such as covering vertical openings (14B-33-3302).

Consult a Workers’ Compensation Lawyer Near You!

Our workers’ compensation attorneys have a 98% success rate and have recovered over $450 million in damages. We help workers in the Chicago area and throughout Illinois, protecting their legal rights. We work on a contingency fee basis, so you pay nothing unless we win. To schedule your free consultation with an experienced personal injury attorney, call us at (888) 424-5757 or use our online contact form.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.