Can You File a Lawsuit for a Construction Accident?

 Posted on April 08, 2025 in Personal Injury

The construction industry is known to be one of the most dangerous industries. A little over a year ago, a masonry worker died at a construction site at the Homewood-Flossmoor Community High School. The cause of death was a wound to the man’s neck caused by a motorized hand saw. In 2021, there were 986 construction site deaths in the state of Illinois.

Construction accidents are usually caused by one of the "fatal four." The four most prevalent causes of construction injuries and death in the construction industry are falls (usually from ladders or scaffolding), being struck by an object or falling object, electrocutions, and being caught in or caught in between equipment.

Other types of construction accidents stem from unsafe or unsecured trenches and unsafe, defective, or poorly maintained tools. While workers’ compensation is typically the primary avenue for recovering medical expenses and lost wages, this is not always the case in construction accidents. If you have been injured in a construction accident, it is important to speak to a knowledgeable DuPage County, IL personal injury attorney.

How To Decide Whether Workers’ Compensation or a Personal Injury Claim is Appropriate

Construction companies are required under Illinois law to carry workers’ compensation insurance, but in some instances, an injury or death on a construction site can meet the qualifications for a personal injury claim or wrongful death claim. If the injury or death was caused by a third party (not the employer or co-worker), then a personal injury or wrongful death claim may be filed. Third parties typically on construction sites might include:

• The owner of the property
• Subcontractors
• Architects
• Engineers
• Manufacturers of construction equipment

Employers can usually only be sued if the employer intentionally tried to harm employees, there was gross negligence on the part of the employer, or the employer failed to obtain workers’ compensation insurance as required under Illinois law.

Third-party lawsuits are common in industrial accidents, such as when contractors visit plants to deliver parts or supplies or to clean industrial equipment. Since contractors do not have an employer-employee relationship with the plant owner, an accident victim can, depending on the circumstances, sue.

What Are the Differences in Benefits/Damages Between Workers’ Comp and Personal Injury?

Between workers’ compensation and personal injury claims, there are two major differences: fault requirements and types of available compensation. Workers’ compensation claims do not require evidence of fault. It makes no difference whether the worker, the employer, or a co-worker is at fault.

Benefits for workers’ compensation usually include medical expenses and two-thirds of the worker’s usual wages. Filing a personal injury or wrongful death claim requires proof of fault. In a construction accident, it must be clearly demonstrated that the at-fault third party was negligent, typically through his or her actions or inactions.

Damages in a personal injury claim can include medical expenses, lost wages, lost future wages, and pain and suffering. There are no pain and suffering damages in a workers’ compensation claim. Workers’ compensation benefits are usually obtained more quickly, but the amount is limited to specific areas. While more compensation can usually be obtained in personal injury claims, they can be harder to prove and usually take a significantly longer period of time.

Contact a DuPage County, IL Construction Site Accident Attorney

If you have been injured on a construction site because of third-party negligence, a Chicago, IL construction site accident lawyer from SpyratosDavis LLC can help you get the compensation you are entitled to receive. Our firm is highly focused on creating the smartest, most workable strategy available on your behalf. Call 630-810-8881 to schedule your initial meeting with an attorney.