The most common cause of injury and death on construction sites is a fall. Falls from heights like ladders, scaffolding, or roofs account for a staggering number of all construction-related fatalities each year.
These incidents, along with being struck by an object, caught in-between machinery, and electrocutions, make up what the Occupational Safety and Health Administration (OSHA) calls the "Fatal Four." These four hazards were responsible for more than half of all construction worker deaths in recent years.
These numbers point to a failure to follow established safety rules. When a safety violation leads to an injury, you have legal rights. This means you may pursue financial compensation through a workers' compensation claim and, in some cases, a personal injury lawsuit against a negligent third party.
If you have a question about an injury you or a loved one sustained on a construction site, call our office for a free consultation. We are here to help. Call us at (312) 924-7575.
Key Takeaways for Construction Accidents
- Falls are the leading cause of construction-related deaths and are almost always preventable. They typically result from safety violations, such as unsecured scaffolding or a lack of fall protection.
- You may have two paths for financial recovery. Illinois law provides for a no-fault workers' compensation claim against your employer and a separate personal injury lawsuit against other negligent parties.
- Strict deadlines apply to injury claims. You must notify your employer within 45 days for a workers' compensation claim, and you generally have two years to file a personal injury lawsuit in Illinois.
Why Are Falls So Common on Illinois Job Sites?
You already know construction work is risky. But there’s a reason falls top the list of injuries and deaths on job sites across Illinois: the environment itself makes them more likely.
Winter Conditions Turn Basic Tasks into Hazards
From November to March, frozen walkways, icy scaffolding, and snow-covered ladders become part of the job. A simple step onto a slick surface can lead to a long fall. Ice also hides edge markings and tripping hazards, making it harder to spot danger before it’s too late.
High-rise Construction Increases the Stakes
Illinois has some of the busiest high-rise construction zones in the country. Working 10, 20, or 30 stories up means there’s no room for error. Missing guardrails, unsecured harnesses, or a weak scaffold joint could turn a near miss into a fatal drop.
Aging Buildings Come with Surprise Risks
Many job sites in Illinois involve renovations—gutting old apartments, converting warehouses, or restoring historical buildings. These structures weren’t built with modern safety codes, which may lead to floors collapsing, unmarked holes present under carpeting, or railings giving way. The dangers are unpredictable, and contractors may skip steps to meet a tight budget or schedule.
Training Doesn’t Always Match the Conditions
Fall safety training usually covers general best practices. But working through a blizzard on a 30-year-old roof isn’t in the manual. Without site-specific safety briefings or updated protective equipment, even experienced workers are left exposed.
The Violations Are Well-Documented
In one recent year, OSHA’s most cited construction violation (yet again) was lack of proper fall protection. Illinois contractors have been cited for not securing scaffolds, failing to provide harnesses, and ignoring edge protections. One Chicago-area contractor was fined over $250,000 after a worker fell 30 feet due to a missing guardrail. The hazard was flagged weeks earlier and never fixed.
Falls follow a pattern: predictable conditions, predictable shortcuts, predictable injuries.
If you were hurt on a construction site like this, the law gives you options. And your case doesn’t start from zero—we know how to prove when a dangerous setup was ignored or safety corners were cut.
Beyond Falls: What Are the Other "Fatal Four" Accidents?
While falls are the most frequent, three other accident types are so common and dangerous that they complete OSHA's "Fatal Four" list.
Struck-By Accidents: A Constant Threat
This is the second leading cause of death in construction. These incidents involve a worker being forcibly struck by an object.
Common Examples: A falling tool or piece of building material, a swinging crane load, or being hit by a piece of heavy equipment like a forklift or dump truck. About 75% of these fatalities involve heavy machinery, which underscores the need for strict safety zones and operator vigilance.
Caught-In or -Between Accidents: When Machinery Is the Hazard
These accidents occur when a worker is squeezed, crushed, or compressed between two or more objects.
Common Examples: Being pulled into running machinery, caught in a collapsing trench or excavation, or crushed between a piece of heavy equipment and a fixed object like a wall. These incidents are typically catastrophic.
Electrocutions: The Invisible Danger
Contact with electricity is another leading cause of death on job sites. The danger is silent and unseen until it is too late.
Common Examples: Direct contact with overhead power lines, touching energized parts of faulty equipment or wiring, or improper use of extension cords. OSHA's Lockout/Tagout standard (29 CFR 1910.147) is designed to prevent these injuries during maintenance by ensuring equipment is properly de-energized.
What Are the Most Common Fall Hazards on a Job Site?
- Unsafe Scaffolding: Improperly assembled scaffolding, missing guardrails, or a lack of stable planking create dangerous working surfaces. OSHA has specific and detailed rules under 29 CFR 1926.451 that govern how scaffolding must be erected and maintained to prevent collapses and falls.
- Faulty Ladders: Using the wrong type of ladder for the job, placing it on an unstable surface, or using old, damaged equipment leads to sudden slips or collapses. A ladder that is not properly secured is an accident waiting to happen.
- Unprotected Edges and Openings: Failing to install guardrails around floor holes, open-sided platforms, or roof edges is a direct violation of OSHA's fall protection standards (29 CFR 1926.501). These openings must be covered or guarded.
- Lack of Training: General contractors and subcontractors have a duty to ensure every worker on site understands the fall hazards present and is trained on how to use safety equipment, such as personal fall arrest systems. Without proper training, even the best equipment is useless.
- Debris and Poor Housekeeping: Cluttered walkways, tools left lying around, and slick surfaces easily lead to slips, trips, and falls, even from the same level. A clean and organized worksite is a safer worksite for everyone.
What Are My Options for Financial Recovery After a Construction Accident?
After an injury, your primary focus should be on your health. But the financial pressures—medical bills, lost paychecks—are impossible to ignore. In Illinois, the law provides two main avenues for financial recovery. They are not mutually exclusive; in some situations, you may pursue both.
Path 1: The Illinois Workers' Compensation System
This is a no-fault insurance system. Simply put, you do not have to prove your employer was negligent to receive benefits. If you were injured while performing your job duties, you are generally covered.
Workers' compensation is designed to cover:
- Medical Treatment: All reasonable and necessary medical care related to the injury, from emergency room visits to physical therapy.
- Temporary Total Disability (TTD): Payments for lost wages while you are unable to work and recovering from your injuries.
- Permanent Partial Disability (PPD) or Permanent Total Disability (PTD): Benefits if your injury results in a permanent impairment that affects your ability to earn a living.
The trade-off is that you generally cannot sue your direct employer for the injury, even if their carelessness caused it. The system is designed to be the "exclusive remedy" against your employer.
Path 2: A Third-Party Personal Injury Lawsuit
While you cannot sue your employer, you may sue other parties on the job site whose negligence contributed to your injury. Construction sites are complex environments with many different companies working at once.
Examples of third parties include:
- The general contractor who failed to enforce site-wide safety protocols.
- A different subcontractor who created the hazard (e.g., an electrician who left an uncovered hole).
- The manufacturer of defective safety equipment.
- The property owner who was aware of a dangerous condition but did nothing to fix it.
A personal injury claim allows you to pursue compensation for damages not covered by workers' comp, such as pain and suffering, emotional distress, and loss of a normal life. This type of claim requires proving that another party's negligence directly caused your injuries, which is why working with an experienced personal injury attorney can be critical to building a strong case.
What Steps Should I Take From Home After a Construction Accident?
Your First Priority: Follow Medical Advice
Your only job right now is to rest and recover. Attend all follow-up appointments, take prescribed medications, and follow your doctor's orders exactly. Do not try to "tough it out" or return to work before you are medically cleared. Doing so harms your health and your claim, as an insurance company may argue your injuries were not as severe as you stated.
Keep a Record of Everything
Start a simple notebook or a file on your computer. Document everything you remember about the accident itself such as the time, location, witnesses, and what you were doing. Keep track of your symptoms by noting your pain levels, any new symptoms that appear, and how the injury impacts your daily activities. Save all paperwork: medical bills, letters from an insurance company, explanations of benefits, and pay stubs showing your lost wages.
Be Careful When Speaking to Insurance Adjusters
You will likely get a call from an insurance adjuster representing your employer or another company. You are not required to give a recorded statement, and it is best to decline until you have spoken with an attorney. Stick to the basic facts. Do not guess, speculate about fault, or downplay the severity of your injuries. Their goal is to protect their company's financial interests, which means they are looking for information to minimize the value of your claim.
Understand the Deadlines
In Illinois, you generally must notify your employer of a work injury within 45 days. The statute of limitations to file a personal injury lawsuit is typically two years from the date of the accident. These deadlines are strict. Missing one prevents you from ever recovering compensation.
Frequently Asked Questions About Construction Accidents
Can I be fired for filing a workers' compensation claim?
No. Illinois law prohibits employers from retaliating against an employee for exercising their right to file a workers' compensation claim. This means you cannot be legally fired, demoted, or otherwise punished for seeking benefits.
What if I was paid in cash? Can I still get workers' compensation?
Yes, in many cases. Your employment status depends on the nature of your work, not how you were paid. If your employer directed and controlled your work, for example, telling you when and how to do your job, you are likely considered an employee with a right to benefits, regardless of your payment method.
My employer says the accident was my fault. Does that matter for my workers' comp claim?
No. As mentioned earlier, workers' compensation is a no-fault system. Your own carelessness generally does not bar you from receiving benefits, unless the injury was self-inflicted or resulted from intoxication.
How much does it cost to hire a construction accident lawyer?
At Abels & Annes, P.C., construction accident lawyers handle these cases on a contingency fee basis. This means you pay us nothing unless and until we recover compensation for you. The consultation is always free, so there is no financial risk to learning about your options.
Do I need a lawyer if the workers' comp insurance company is already paying my bills?
An experienced attorney ensures you receive all the benefits you are entitled to, not just what the insurance company wants to pay. We handle the paperwork and negotiations, so you focus on healing. We also advise you if a third-party claim is possible, which could provide for a more complete financial recovery.
A Clear Path Forward After a Construction Injury
At Abels & Annes, P.C., we have years of experience handling construction accident claims for workers in Chicago and throughout Illinois. We understand the local regulations and the challenges you and your family face after a serious injury.
The sooner we begin investigating your case, the better we preserve important evidence. If you’re ready to discuss your situation, we are here to listen.
Call Abels & Annes, P.C. today for a free, no-obligation consultation at (312) 924-7575.
David Abels
Partner
David Abels has carved a niche for himself in the personal injury law sector, dedicating a substantial part of his career since 1997 to representing victims of various accidents. With a law practice that spans over two decades, his expertise has been consistently recognized within the legal community.
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