Construction Workers' Comp Lawyer

Construction Sites Are Different — and So Are the Claims

Construction work in Illinois and Wisconsin runs the spectrum from single-family residential to high-rise commercial, from public infrastructure projects to private subdivision build-outs. Workers on these sites face the well-known "Fatal Four" hazards identified by OSHA: falls, struck-by-object incidents, electrocutions, and caught-in/between events. These four categories account for the majority of construction fatalities and a disproportionate share of catastrophic injuries.

Because construction sites typically involve multiple companies — a general contractor, several subcontractors, equipment suppliers, materials vendors, and the property owner — Illinois law recognizes that the injured worker's employer is often not the only party at fault. A workers' comp claim against your direct employer can stand alongside a personal injury claim (sometimes called a "third-party action" or "Section 5 action" under 820 ILCS 305/5) against the other negligent parties. This is one of the most important distinctions between construction injuries and most other workplace injuries.

Injuries We Handle

Falls from height

Roof falls, scaffold collapses, ladder accidents, and falls through unprotected openings. Under federal OSHA standards (29 CFR 1926 Subpart M) and Illinois Department of Labor enforcement, fall protection is required at six feet. When fall protection is absent or inadequate, both workers' comp and a third-party claim against the general contractor often apply.

Struck-by-object incidents

Falling tools, dropped materials, swing radius accidents involving cranes and excavators. The manufacturer of the equipment, the operator's employer, and the general contractor can each have liability.

Electrocutions

Contact with overhead power lines, energized circuits, or improperly grounded equipment. The utility company, the prime contractor, and the equipment manufacturer can each have liability beyond your direct employer's workers' comp policy.

Caught-in/between events

Trench collapses, equipment rollover, machinery entanglement. These are among the most severe construction injuries and frequently produce both compensation and a separate third-party action.

Repetitive trauma

Hand-arm vibration, knee damage from repeated kneeling, hearing loss from sustained noise exposure, lung disease from silica or asbestos exposure. Illinois recognizes occupational disease claims under 820 ILCS 310.

The Two-Track Recovery

Track 1: Workers' Compensation

Filed against your direct employer's insurance carrier. Pays regardless of fault. Covers 100% of reasonable medical expenses, TTD at 66 2/3% of AWW, PPD calculated under 820 ILCS 305/8(e), and vocational rehabilitation. Does not cover pain and suffering, loss of consortium, or punitive damages.

Track 2: Third-Party Personal Injury Suit

Filed against any other party whose negligence contributed to the injury — the general contractor that failed to enforce fall protection, the equipment manufacturer that produced a defective scaffold component, the property owner who didn't disclose a hidden hazard, the subcontractor whose worker dropped a tool. Personal injury claims allow recovery of pain and suffering, loss of normal life, future medical needs, and full lost earnings (not just two-thirds).

Under 820 ILCS 305/5, when a third party pays a judgment or settlement, your workers' comp carrier typically has a lien for what it has already paid. Coordinating these claims correctly is what produces the maximum net recovery.

Illinois Construction-Specific Statutes and Doctrines

• Structural Work Act repeal and the modern framework. Illinois repealed its old Structural Work Act in 1995, but premises liability and negligence principles (Restatement (Second) of Torts §414, "retained control" doctrine) still apply to general contractors who retain control over a subcontractor's work methods.
• Premises liability for property owners. Property owners owe a duty of reasonable care to invitees, including subcontractor workers on the site. Calloway v. Bovis, 230 Ill. App. 3d 442 (1992).
• Borrowed employee doctrine. When a worker is "loaned" between employers (common in construction), it can be unclear who the "employer" is for workers' comp purposes. Misidentifying the employer can delay or defeat the claim.
• Wisconsin's safe-place statute. Wisconsin Stat. § 101.11 imposes a higher duty on property owners and employers than ordinary negligence — relevant for Wisconsin construction injuries.
• Statutes of limitations. Illinois personal injury: 2 years from injury. Workers' comp: 3 years from injury (or 2 years from last comp payment, whichever is later). Wisconsin personal injury: 3 years. These deadlines run independently — missing the personal injury deadline does not affect workers' comp, and vice versa.

Steps to Take After a Construction Injury

1. Get medical attention immediately. Tell the doctor the injury occurred on the construction site.
2. Report the injury to your employer. Get a written incident report. 45-day notice deadline in Illinois.
3. Document the scene. Photos of the location, equipment, missing fall protection, defective tools. Get names of co-workers and any other subcontractor employees who witnessed the event.
4. Preserve evidence. If equipment failure caused the injury, that equipment may be discarded or repaired before liability can be proven. Your attorney can send a preservation-of-evidence letter immediately.
5. Don't sign anything from the general contractor or the equipment manufacturer's adjuster. Their adjusters appear quickly and offer small "no-fault" payments in exchange for releases that wipe out your third-party claim entirely.
6. Call WIN at (773) 831-5000. Free consultation. Bilingual service available.

Frequently Asked Questions — Construction Workers' Comp