Construction Injuries in Chicago’s 2025 Building Boom: Legal Options for Injured Workers and Bystanders

Construction Injuries in Chicago’s 2025 Building Boom: Legal Options for Injured Workers and Bystanders

If you were injured on or near a Chicago construction site, the legal path forward depends entirely on who you are and how the injury happened. An injured construction worker is typically directed into the Illinois workers' compensation system. This system provides specific, defined benefits but, in exchange, prevents you from suing your employer for the accident. 

However, if your injury was caused by the negligence of a third party, such as a different subcontractor, the general contractor, or an equipment manufacturer, you may have a separate personal injury claim. This claim could unlock compensation for damages not covered by workers' comp, including pain and suffering.

For a bystander, a pedestrian, or any member of the public harmed by construction activities, the path is more direct. It involves a personal injury lawsuit against the parties responsible for creating or allowing the unsafe condition that led to your injury. 

If you have questions about your specific situation and what your case might be worth, we are available to answer them. Call our office at (312) 924-7575 for a free consultation to discuss your legal options.

Chicago's 2025 Building Boom: A More Dangerous Landscape

The rapid expansion of new high-rises, commercial developments, and massive infrastructure has stretched resources thin and, in some cases, has led to an increase in safety incidents.

Illinois saw its fatal workplace injury rate climb to a decade high, according to the US Bureau of Labor Statistics, with the construction industry accounting for a disproportionate share of these tragedies. This industry was responsible for nearly a quarter of all work-related deaths in the state.

I Was Injured as a Construction Worker. What Are My Legal Options?

The Starting Point: The Illinois Workers’ Compensation Act

When you are injured while performing your job duties as an employee, your first and primary remedy is typically found within the Illinois Workers’ Compensation Act. This is a state-mandated insurance program that nearly every employer in Illinois is required to carry for their employees. It functions as a "no-fault" system. 

This means you do not have to prove that your employer was negligent or did something wrong to cause your injury. As long as the injury arose out of and in the course of your employment, you are entitled to benefits.

The benefits provided under this act are defined by law. They include:

• Medical Bills: 100% of your reasonable and necessary medical treatment related to the work injury. This covers everything from emergency room visits and surgery to physical therapy and prescription medications.
• Lost Wages (Temporary Total Disability): If a doctor says you cannot work while you recover, you are entitled to payments, typically calculated as two-thirds of your average weekly wage.
• Permanent Partial or Total Disability: If your injury results in a permanent impairment or disability, you may receive additional benefits to compensate for the permanent nature of the harm.

However, in exchange for these immediate, no-fault benefits, the law establishes that you generally cannot file a personal injury lawsuit against your employer or a co-worker. This is also referred to as the "exclusive remedy" provision of workers' compensation law.

Beyond Workers' Comp: The Third-Party Lawsuit

Unfortunately, this is where many injured workers stop, missing a significant opportunity for achieving full financial recovery. While you cannot sue your direct employer, the law absolutely permits you to sue other companies or individuals on the job site whose negligence contributed to your injury. This is known as a third-party lawsuit, and it is a separate and distinct case from your workers' compensation claim.

A modern construction site is much more complex with overlapping responsibilities and roles. There is a general contractor, multiple subcontractors, equipment suppliers, architects, and engineers all working in the same space. Your employer might be responsible for your direct work, but the general contractor is responsible for overall site safety. A different subcontractor may have been the one who created the specific hazard that injured you.

Examples of potential third parties in a construction accident claim include:

• The general contractor who failed to implement or enforce mandatory safety protocols across the site.
• A different subcontractor whose crew left debris in a walkway, causing a trip and fall.
• The architect or engineer who designed a faulty structural element that led to a collapse.
• The manufacturer or supplier of defective scaffolding, a faulty power tool, or a piece of heavy machinery that malfunctioned.

Filing a third-party claim is a way to pursue the damages that workers' compensation does not cover. A successful personal injury lawsuit may provide compensation for:

• 100% of your past and future lost wages (not just the two-thirds provided by workers' comp).
• Compensation for your physical pain and suffering.
• Damages for the emotional distress and mental anguish the accident caused.
• Compensation for disability and the loss of a normal life, which addresses how the injury has impacted your hobbies and daily activities.

I Was an Innocent Bystander Injured Near a Construction Site. What Are My Rights?

You Weren't on the Clock, But You Still Have Rights

Construction companies have legal responsibility that extends beyond their employees and the boundaries of the worksite. They owe a duty of care to the public to protect them from the foreseeable hazards created by their work. The legal principle of premises liability holds property owners and managers accountable for injuries caused by unsafe conditions.

When a construction company, developer, or contractor fails in this duty and you are injured as a result, you have the right to file a personal injury lawsuit. Your claim would be based on “negligence,” which means you must show that the defendant failed to act with reasonable care, and that this failure directly caused your injuries.

Common Causes of Bystander Injuries

Injuries to the public near construction zones frequently happen in a few predictable ways. Our firm handles cases involving:

• Falling Objects: Tools, building materials, equipment, or other debris falling from scaffolds, cranes, or rooftops and striking pedestrians below.
• Unsecured Perimeters: Inadequate or poorly maintained fencing and barriers that allow pedestrians, especially children, to wander into active and dangerous work zones.
• Construction Vehicle Accidents: Collisions involving dump trucks, cement mixers, cranes, or other heavy equipment entering or exiting the site, often in areas with heavy foot traffic.
• Sidewalk and Roadway Hazards: Obstructed, damaged, or poorly marked public walkways that force pedestrians into the street or create dangerous tripping hazards.

Who is Held Accountable?

After an injury, one of the first and most important steps is to identify all the potentially responsible parties. Liability could rest with the general contractor for overall site mismanagement, a specific subcontractor whose employee dropped a tool, or the property owner who was aware of a dangerous condition. Our firm launches a thorough investigation to determine which entities failed to meet their safety obligations under local and federal law.

Who is Legally Responsible for a Construction Accident?

The "Fatal Four" and Common Hazards

The Occupational Safety and Health Administration (OSHA) has identified four categories of accidents that are responsible for the vast majority of deaths in the construction industry. Known as the "Fatal Four," they are: falls, being struck by an object, electrocutions, and being caught-in or between objects or machinery. 

According to safety reports, the single most frequently cited OSHA violation on construction sites year after year is a lack of proper fall protection. This simple failure—not providing harnesses, guardrails, or safety nets—leads to countless preventable injuries and deaths. Other common causes of serious accidents that we investigate include scaffolding collapses, trench cave-ins, crane failures, and equipment malfunctions.

A Chain of Responsibility

In a personal injury claim, whether it is a third-party claim for a worker or a direct claim for a bystander, we look at the entire chain of command on a worksite to determine where the duty of care was breached. Responsibility is sometimes shared among several parties:

• General Contractors: They sit at the top of the site hierarchy and have a non-delegable (i.e., they can’t buck their responsibility onto someone else) duty to ensure the entire worksite is reasonably safe for everyone, including their subcontractors' employees and the public.
• Subcontractors: Each subcontractor is responsible for the safety of its own operations and for ensuring its work does not create hazards that could injure others on the site.
• Property Owners and Developers: They could be held liable for injuries if they hired incompetent or unqualified contractors or if they failed to warn of known, hidden dangers on the property.
• Architects and Engineers: If a design flaw in the building plans or structural specifications contributes to a collapse or other type of accident, the design professionals may be held liable.
• Equipment Manufacturers: Under product liability laws, the manufacturer of a defective tool, a faulty ladder, or a malfunctioning piece of heavy equipment may be held strictly responsible for injuries caused by their product.

What Kind of Compensation Can Be Pursued in an Injury Claim?

In a personal injury lawsuit stemming from the construction injuries, we pursue compensation for the full scope of damages you have suffered.

This includes compensation for:

• All Medical Expenses: This covers not only the bills you have already received but also the cost of any future medical care, including additional surgeries, ongoing physical therapy, prescription medication, and assistive devices like wheelchairs or home modifications.
• Full Lost Income and Future Earning Capacity: We pursue recovery for every dollar of wages you have already lost. More importantly, we work with economic and vocational experts to calculate the income you will likely be unable to earn in the future because of lasting disabilities.
• Pain and Suffering: This compensates you for the physical pain, discomfort, and agony caused by the injury and its treatment.
• Loss of a Normal Life / Disability: Illinois law allows for damages that recognize how an injury has diminished your ability to engage in daily activities and enjoy your life. This addresses the loss of hobbies, activities, and independence.
• Emotional Distress: This provides compensation for the anxiety, depression, post-traumatic stress, and other psychological impacts of a traumatic accident.
• Wrongful Death Damages: In the tragic event of a fatal accident, eligible family members are able to pursue a claim for their profound loss, including loss of companionship, grief and sorrow, and the lost financial support their loved one would have provided.

You Have a Limited Time to Act: The Illinois Statute of Limitations

Illinois law, like all states, sets a firm deadline for filing a personal injury lawsuit. This legal deadline is called the statute of limitations. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to pursue compensation forever.

For most personal injury cases in Illinois, including construction accident claims, you have two years from the date of the injury to file a lawsuit. This is governed by 735 ILCS 5/13-202.

If your claim is against a government entity—for instance, if your injury occurred on a city-run project or involved a municipal vehicle—the deadline is much shorter. In many cases, you may only have one year to file a claim.

Frequently Asked Questions About Construction Injury Cases

Can I be fired for filing a workers' compensation claim or a third-party lawsuit?

No. The Illinois Workers' Compensation Act contains specific anti-retaliation provisions. It is illegal for an employer to fire, threaten, or otherwise discriminate against you for exercising your right to file a workers' compensation claim. A third-party lawsuit is filed against a separate company, not your employer, which provides an additional layer of protection against direct retaliation from your boss.

What if I am partially at fault for my own injury?

Illinois follows a legal rule known as "modified comparative fault." This rule means you could still recover damages in a personal injury lawsuit as long as you are found to be 50% or less at fault for the accident. Your final compensation award would then be reduced by your percentage of fault. 

Do I have to pay for a lawyer upfront?

No. Our firm, Abels & Annes, P.C., handles all personal injury and wrongful death cases on a contingency fee basis. This means we advance all the costs of litigation, and we only get paid a fee if we successfully recover compensation for you through a settlement or verdict. There are no upfront costs or hourly bills for you to worry about.

What if I was working as an independent contractor, not an employee?

If you are properly classified as an independent contractor, you are not eligible for workers' compensation benefits from the company that hired you. While this means you do not have access to that system's no-fault benefits, it also means you are not bound by its restrictions. You are free to file a direct personal injury lawsuit against the general contractor or any other party whose negligence caused your injury, including the very company that hired you.

OSHA is investigating the accident. Should I just wait for their findings?

No, you should not wait. An OSHA investigation is focused on enforcing federal workplace safety regulations and penalizing the employer for violations. It is not designed to get you compensation for your injuries. 

While OSHA's final report also serves as evidence in your civil case, their investigation might take months or even over a year to complete. It is best to have your own law firm start an independent investigation immediately to preserve evidence specifically for your claim.

Your Path to Recovery Starts Here

You do not have to sort through the complex legal system on your own during this time. Let a firm that handles these cases take on the burden of the investigation, the legal deadlines, and the fight for the full compensation you are entitled to under the law.

Take the first step toward protecting your rights and securing your future. Call Abels & Annes, P.C. today at (312) 924-7575 for a free, no-obligation conversation about your case.