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Chicago Construction Injury Attorney · Free Case Review

🏗️ Chicago Construction Accident Lawyer
Schwaner Injury Law

Construction is one of the deadliest industries in America — OSHA's "fatal four" cause more than 60% of construction worker deaths. Injured Illinois construction workers can collect workers' compensation AND pursue a third-party negligence lawsuit at the same time. Schwaner Injury Law builds dual-claim cases against general contractors, subcontractors, property owners, and equipment manufacturers to recover the full damages workers' comp alone never pays.

📋 Free Case Evaluation (312) 635-4000
✍️By David J. Schwaner, J.D. | ✓ Reviewed and updated by David J. Schwaner, J.D. — 2026-05-06 | 📅 Published | ⏱️ 13 min read
Immediate Steps

What to Do After a Chicago Construction Accident

  • Get medical attention immediately — document everything
  • Report the injury to your employer in writing within 45 days (820 ILCS 305/6)
  • Identify ALL employers on the worksite, not just yours
  • Photograph the scene, equipment, defect, missing safety gear — everything
  • Get coworker and witness names and contact info
  • File a workers' comp claim — AND consult about a third-party lawsuit
  • Do NOT give a recorded statement to any insurer without an attorney
OSHA Fatal Four

OSHA's Fatal Four & Other Common Causes

  • →Falls — the #1 killer (roofs, scaffolds, ladders, openings)
  • →Struck-by — falling tools/materials, swinging loads, vehicles
  • →Electrocutions — energized lines, defective tools, missing GFCI
  • →Caught-in/between — trench collapse, machinery, materials
  • →Crane and forklift accidents
  • →Defective scaffolding, ladders, harnesses
  • →Repetitive trauma — back, knees, shoulders
  • →Toxic exposure — silica, asbestos, lead, solvents
The Dual-Claim Approach

Workers' Comp + Third-Party Negligence

Workers' compensation alone leaves enormous money on the table. Pain and suffering, loss of consortium, and full lost wages are not available through the Workers' Compensation Commission. The dual-claim approach pursues both at once.

Illinois Workers' Compensation

820 ILCS 305/. No-fault benefits paid by the employer's insurance regardless of who caused the accident.

  • • Medical bills (100%)
  • • TTD (2/3 of average weekly wage)
  • • PPD (permanent partial disability)
  • • PTD (permanent total disability)
  • • Vocational rehab
  • • Death benefits to survivors

Does NOT include pain & suffering or full lost wages.

Third-Party Negligence Claim

A separate lawsuit against any party other than your direct employer whose negligence caused the injury.

  • • General contractors
  • • Subcontractors
  • • Property owners (Premises Liability Act)
  • • Architects & engineers
  • • Equipment & tool manufacturers
  • • Construction managers

DOES include pain & suffering, full wages, disfigurement, loss of consortium.

Your Rights

Compensation Construction Workers Can Recover

Through the dual-claim approach, every category of damages becomes available.

  • Full medical expenses (current and future)
  • Full lost wages (workers' comp pays only 2/3)
  • Loss of future earning capacity
  • Pain and suffering
  • Disfigurement and scarring
  • Loss of normal life (Illinois-specific damage)
  • Loss of consortium for spouse
  • Wrongful death damages for surviving family (740 ILCS 180/)
Why Schwaner Injury Law

Chicago's Trusted Construction Accident Attorney

David J. Schwaner has spent over two decades fighting for Chicago's injured tradesmen. With a 98% case recovery rate and more than $30 million recovered for clients, he understands how to coordinate workers' comp benefits with aggressive third-party litigation.

No language barrier. No immigration questions. Just a direct conversation with a 20-year Illinois trial attorney about how to maximize your recovery. You pay nothing unless we win.

Free consultation, available 24/7
Bilingual — English & Español
98% case recovery rate
$30M+ recovered for injury victims
Direct attorney access — not a call center
98%
Case Recovery Rate
$30M+
Recovered for Clients
20+
Years of Experience
FAQ

Construction Accident Questions — Answered

Can I sue if I am collecting workers' comp?

Yes. The workers' comp exclusivity rule (820 ILCS 305/5) bars suing your direct employer, but you can sue any third party whose negligence caused the injury — general contractor, subcontractor, property owner, equipment manufacturer.

What is OSHA's "fatal four"?

Falls, struck-by, electrocutions, and caught-in/between — together they cause more than 60% of construction worker deaths. OSHA violations connected to these hazards strongly support a third-party negligence claim.

How long do I have to file?

Workers' comp: 3 years from injury (820 ILCS 305/6). Personal injury: 2 years (735 ILCS 5/13-202). Wrongful death: 2 years (740 ILCS 180/2).

Who else can be liable besides my employer?

General contractors, subcontractors, property owners, architects/engineers, equipment manufacturers, and other workers' employers can all be third-party defendants on a multi-employer worksite.

Will my immigration status be a problem?

No. Undocumented Illinois workers are entitled to full workers' compensation and to bring third-party claims. Status is not a defense. We protect client confidentiality.

Get Your Free Construction Accident Case Review

Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win.

Call (312) 635-4000 📋 Send Us Your Case

Available 24/7 · Free · No obligation · Confidential · Bilingual

Our Process

How We Handle Construction Accident Cases

From first call to final verdict — here's how David Schwaner fights for injured Illinois construction workers.

1

Free Consultation

You speak directly with David — bilingual, free, confidential, 24/7.

2

File Workers' Comp + Investigate Third Parties

We file your workers' comp claim AND investigate every potential third-party defendant on the worksite. OSHA records, contracts, certified payroll, jobsite photos.

3

Demand & Negotiation

We prepare a comprehensive demand package that pressures every defendant. Insurance carriers know Schwaner Injury Law tries cases.

4

Settlement or Trial

Most cases resolve. If not, David tries them in Cook County, Will County, or wherever the worksite was.

5

You Get Paid

You receive your workers' comp benefits AND third-party recovery. No fees unless we win.

Know Your Rights

Illinois Construction Law & Your Rights

A summary of the statutes and regulations that govern Chicago construction accident claims.

Construction Accident Law: Key Statutes

  • ⚖️Illinois Workers' Compensation Act: 820 ILCS 305/ — no-fault benefits regardless of who caused the accident.
  • ⚖️Personal Injury SOL: 2 years from injury (735 ILCS 5/13-202) for third-party claims.
  • ⚖️Illinois Premises Liability Act: 740 ILCS 130/ — property owner liability for dangerous worksite conditions.
  • ⚖️Wrongful Death Act: 740 ILCS 180/ — for families of fatally injured workers.
  • ⚖️OSHA Regulations: 29 CFR 1926 — construction safety standards. Violations support negligence per se.
  • ⚖️Multi-Employer Worksite Doctrine: OSHA holds general contractors accountable for safety even of subcontractors' employees.
  • ⚖️Joint & Several Liability: 735 ILCS 5/2-1117 — allocates damages among defendants in Illinois.
Why Choose Us

Why Chicago Construction Workers Choose Schwaner

$30M+ Recovered

David Schwaner has recovered over $30 million for injured Illinoisans — including construction trade workers.

Dual-Claim Expertise

We coordinate workers' comp benefits with aggressive third-party litigation to maximize total recovery.

Bilingual Service

English & Spanish — immigration status is never a defense to Illinois injury rights.

Zero Fees Unless We Win

No upfront costs. We advance all litigation expenses including OSHA experts and reconstructionists.

More Questions Answered

More Construction Accident Questions — Answered by David Schwaner

Illinois-specific answers to the questions injured workers ask most. Call (312) 635-4000 if your question isn't here.

What is the workers' compensation exclusivity rule?

The Illinois Workers' Compensation Act (820 ILCS 305/5) generally bars an injured worker from suing their direct employer in tort. In exchange, the worker gets no-fault benefits. The rule does NOT block third-party claims against general contractors, subcontractors, owners, or manufacturers — that is the heart of the dual-claim approach.

Can I recover if I was partially at fault?

Yes. Illinois follows modified comparative negligence (735 ILCS 5/2-1116) — you can recover as long as you are 50% or less at fault. Your damages are reduced by your percentage of fault. Workers' comp benefits are generally not affected by your fault unless intentional misconduct is shown.

What if my injury is repetitive trauma instead of a single accident?

Illinois workers' comp covers repetitive trauma injuries: rotator cuff tears, herniated discs, carpal tunnel, knee meniscus injuries, and back conditions caused by years of construction work. The "manifestation date" rule controls when your statute of limitations begins. Document your symptoms in writing with treating doctors.

What is a workers' comp lien on my third-party recovery?

When you collect both workers' comp and a third-party recovery, the workers' comp insurer has a statutory lien (820 ILCS 305/5(b)) for benefits paid. Illinois law requires the carrier to share in attorney fees pro rata, which significantly reduces the lien. We negotiate every lien aggressively.

Does Schwaner Injury Law handle these cases on contingency?

Yes. Workers' comp fees are capped by Illinois statute at 20% of disputed benefits. Third-party claims are standard contingency. No upfront cost. Free 24/7 consultation at (312) 635-4000.

🏗️ Serving Chicagoland

Chicago Construction Accident Attorney — Serving All of Chicagoland

Schwaner Injury Law represents construction workers throughout the Chicago metro — from downtown high-rise sites to suburban developments — including Chicago, Evanston, Oak Park, Cicero, Berwyn, Schaumburg, Naperville, Aurora, Joliet, and throughout Cook, DuPage, Lake, Kane, and Will counties. Call (312) 635-4000 for a free, bilingual consultation. Available 24/7, no fee unless we win.

David J. Schwaner, Chicago Personal Injury Attorney
David J. Schwaner, J.D.
Founding Attorney · Schwaner Injury Law

David J. Schwaner is a Chicago personal injury attorney with 20+ years of experience and over $30 million recovered for injured Illinoisans. Admitted to the Illinois bar in 2005 after graduating from Loyola University Chicago School of Law, David handles complex construction accident, workers' compensation, and catastrophic injury cases. He is rated Super Lawyers and Avvo Top Attorney, with a 98% case recovery rate. Bilingual: English & Español.

JD · Loyola Chicago Law IL Bar 2005 ISBA Member ITLA Member Super Lawyers Rated Avvo Top Attorney English · Español
(312) 635-4000 ✉️ help@schwanerinjury.com About David →