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Suing for Damages in a Construction Site Accident

James P. Leahy Attorney At Law • March 17, 2023
A construction worker is laying on the ground while a paramedic helps him.

Every day, lots of construction projects are being executed in Illinois and across the United States. However, where there is construction, workers and other individuals on the worksite may be exposed to site accidents and other hazards. Under Illinois laws, a person injured in a construction site accident may be eligible to seek damages through a claim or lawsuit. 


For more than 45 years, I have devoted my career to handling personal injury cases and representing clients in their construction site accident claims. As an experienced Illinois personal injury attorney, I can review every aspect of your personal situation, explore your options to recover damages, and help you seek the financial justice you deserve. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois. 

Common Causes of Construction Accidents 

Here are some of the most common causes of construction site accidents and injuries in Illinois: 


  • OSHA's Fatal Four hazards – struck by an object, falls, caught in/between situations, and electrocution (electrical exposure). 
  • Unsafe or defective equipment 
  • Collisions with support beams 
  • Inadequate protection for site workers on elevated structures or trenches 
  • Tripping hazards from debris, rubble, and other construction materials 
  • Missing protection or guards on power tools 
  • Poorly constructed scaffolding 
  • Inadequate safety precautions when working close to power lines 
  • Unsafe conditions of the property or construction site



An experienced Illinois construction site accident attorney can review every aspect of your case and determine the possibility of suing for damages. 

When Can You Sue for Damages for a Construction Site Injury? 

Furthermore, you may be able to sue the responsible party for your construction site accident or injury if the incident happened due to any of the following reasons: 

  • You were injured by the negligent workers of the construction company. 
  • Your employer didn't adhere to the necessary safety requirements. 
  • The property owner didn't warn you about the unsafe condition of the building. 
  • You were injured by faulty, defective, or unsafe equipment. 
  • You were injured by a third party, such as a subcontractor. 

If you or a loved one were hurt in a construction site accident, you should get in touch with a highly-skilled personal injury lawyer right away. Your legal counsel can work to identify the at-fault party and help determine the best course of action. 

Who Can Be Held Liable? 

Depending on the surrounding circumstances of the construction site accident or injury, any of the following parties or entities may be held responsible: 


  • The property owner 
  • The construction company 
  • The contractor or subcontractor 
  • Equipment, machine, or parts manufacturer 
  • The architect 
  • The building engineer 
  • Construction workers 
  • The government or municipality agency responsible for maintaining the building 


A trusted lawyer can help determine the liable party, pinpoint your available options for recovering damages, and help you pursue the maximum possible damages for your injuries. 

Suing for Damages in a Construction Site Accident 

Additionally, Illinois operates using the "modified comparative negligence" system, with a 51% bar. Under the system, an injured person will be eligible to recover damages if the other party was found to be mostly (51% or more) responsible for the construction site accident or injury. However, the total compensation that the claimant may recover will be reduced by their fault degree. 


For instance, if the court awarded $90,000 in total damages against the at-fault party but found you to be 10% responsible for the worksite accident, your compensation would be reduced by $9,000. You will only receive 90% of $90,000 ($81,000). According to Illinois's modified comparative negligence rule, you will be barred completely from seeking damages if you were mostly (51% or more) at fault for the construction site accident or injury. 

Can a Family Member Sue for Wrongful Death? 

However, when a construction site accident causes the victim's death, their surviving loved ones may be entitled to seek wrongful death benefits. According to Illinois Wrongful Death Act, only the personal representative or executor of the decedent's estate may bring a wrongful death claim. 


Also, the compensation received must be for the exclusive benefit of the decedent's surviving spouse and next of kin. A dependable Illinois wrongful death attorney can help file your claims and recover the rightful financial compensation for your loss. 

Protecting Your Rights Every Step of the Way 

Being involved in a construction site accident can be a devastating experience and can affect you emotionally, financially, and physically. Regardless, you don't have to suffer the financial challenges and liability alone. At James P. Leahy Attorney At Law, I provide compassionate representation and reliable legal direction to clients in their construction site accident cases. 


As your legal team, I can evaluate the magnitude of your injuries, help establish liability, and walk you through the claims process. In addition, I will fight diligently to protect your legal rights, hold the responsible party accountable, and help you seek fair financial compensation for your injuries, damages, or losses. 


If you or someone close to you were hurt in a negligent construction site accident, you may recover damages. Contact me at James P. Leahy Attorney At Law today for legal help. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois. 

When Should You Hire a Workers’ Compensation Attorney?

By James P. Leahy Attorney At Law • September 20, 2023
When you get injured at work, you may be eligible for workers’ compensation under the law. Unfortunately, navigating the legal landscape of workers’ compensation in Illinois can be too overwhelming and complicated, especially when done without legal help. If that sounds like your situation, you might want to work with an experienced attorney who is familiar with workers’ compensation laws in Illinois. The attorney you hire will be your ally throughout your case and will help you fight for your rights to secure the compensation to which you are entitled. At James P. Leahy Attorney At Law, I understand the challenges injured workers face when trying to navigate the complexities of the workers’ comp system. I am dedicated to ensuring the best outcome possible for those injured on the job in Elgin, Illinois, and throughout the surrounding areas, including Kane County, St. Charles, and Aurora.

What Benefits Are Available Through Workers’ Compensation?

By James P. Leahy Attorney At Law • August 29, 2023
Workers’ compensation insurance is one of the most significant benefits that employees have in the modern workplace. However, even though they may know they’re covered by a policy, many people don’t know how to file a claim or don’t know what benefits are available to them if they do become injured. If you or a loved one has been hurt, it is essential to understand your rights, so you can take your next steps toward healing. One of the best places to start is by calling a workers' compensation attorney in your area. If you’re in Elgin, Illinois, or the surrounding areas—including Aurora, St. Charles, and Kane County— contact me, James P. Leahy Attorney At Law, to get started .

Third-Party Worksite Accident Claims

By James P. Leahy Attorney At Law • July 13, 2023
Being involved in a worksite accident can be incredibly frustrating. Luckily, as many workers know, employees who suffer a construction site injury or occupational disease may be entitled to pursue workers' compensation benefits, including compensation for medical bills and lost income. What many employees do not know is that they may also be able to file something called a ‘third-party claim.’ At James P. Leahy Attorney At Law, I have spent my career supporting and representing injured workers throughout Illinois. As an experienced personal injury attorney , I can investigate all of the facts of your case, identify the liable party, and seek to prove negligence. Additionally, I can help file a third-party claim, fight diligently for your rights, and guide you forward. My firm proudly serves clients across Elgin and throughout surrounding areas in Illinois, including St. Charles, Aurora, and Kane County. Set up a one-on-one consultation today.

What if My Workers’ Compensation Claim Gets Denied?

By James P. Leahy Attorney At Law • June 1, 2023
In Illinois, employees who suffer work-related injuries or occupational diseases may be entitled to pursue workers' compensation benefits through a claim. However, the insurance provider may deny your claims due to a different number of reasons, including late reporting, delayed filing, or inadequate evidence. Thankfully, you may be able to appeal your denied workers' compensation claim and recover your deserved benefits. At James P. Leahy Attorney At Law, I have the diligence and skill to advise and guide employees in their workers' compensation appeals. As an experienced Illinois workers' compensation attorney, I can investigate the reason for the denial and enlighten you about the next steps to take. In addition, I will advocate for your best interests and help you negotiate the maximum available benefits. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.

What to Do as an Injured Passenger

By James P. Leahy Attorney At Law • May 8, 2023
When most people think about car accidents, their first reaction is to think about drivers. However, we generally overlook the injuries and deaths that occur among passengers. According to data from Forbes, 5,966 passengers lost their lives in motor vehicle accidents in 2020. This figure underscores just how often passengers are also unfortunate victims of accidents. At my firm, James P. Leahy Attorney At Law, my mission is to help car accident victims in Elgin, Illinois, get the legal representation they deserve. I strive to put my years of legal experience at the service of communities throughout Aurora, St. Charles, and Kane County, as victims seek fair compensation to recover their health and well-being. You can count on my personal attention as we fight for your rights.

Who Will Pay My Medical Bills After an Accident?

By James P. Leahy Attorney At Law • April 10, 2023
An accident can result in minor or severe injuries, hospitalization, or temporary or permanent incapacitation. Depending on the severity of your injuries, getting proper medical treatments can be quite costly. If you or someone close to you were injured in a negligent accident, you are entitled to seek fair financial compensation to cover medical bills and other damages. At James P. Leahy Attorney At Law, I give comprehensive legal advice and skilled representation to clients in their accident claims. As an Illinois personal injury attorney, I can analyze the facts of your situation and determine options to recover damages for your medical expenses. My firm proudly serves clients across Elgin, Illinois, and throughout the surrounding areas, including Aurora, St. Charles, and Kane County.

I Was Bit by a Neighbor’s Dog. What Should I Do?

By James P. Leahy Attorney At Law • February 8, 2023
Dog bites and dog attacks are quite prevalent in Illinois and across the United States. Unfortunately, victims of dog bite incidents can suffer minor or severe injuries, including punctured skin, fractures, lacerations, scarring, and infections. Thankfully, Illinois dog bite laws permit victims to hold the dog owner liable for their injuries and damages. However, seeking compensation for your dog bite injuries can become complex if you were bitten by your neighbor's dog. At James P. Leahy Attorney At Law, I have the resources and diligence to support and represent clients in their dog bite claims. As a trusted Illinois personal injury attorney, I can evaluate every detail of your unique situation and help you understand your options for pursuing damages. In addition, I will fight zealously for your rights and help you seek your rightful financial compensation. Reach out to my firm in Elgin, Illinois, to learn more.

Can I Sue a Business If I Was Hurt on Their Property?

By James P. Leahy Attorney At Law • January 18, 2023
Every day, people leave their homes to run errands. To do this, they need to move in and out of public spaces as well as private businesses. Most of the time, we don’t think twice about these tasks—but what happens if you become injured on a business’s property or public space? And who pays for injuries sustained on public property? Unsafe conditions are all around us and accidents that occur in public spaces or at a business are handled differently than those that occur at a private residence. For help filing a claim for an injury on public property or learning more about premises liability, call James P. Leahy Attorney At Law. As a premises liability attorney, I’m proud to serve Elgin, Illinois and the surrounding area, including Aurora, St. Charles, and Kane Count.

Hurt on a Friend or Neighbor’s Property: Should I Sue?

By James P. Leahy Attorney At Law • December 20, 2022
Whenever you are invited to a friend’s or neighbor’s property for a visit, you probably don’t expect anything bad to happen. You expect the friend or neighbor to keep their property in a reasonably safe condition and warn you of any unsafe conditions or hazards on the property. Unfortunately, property owners do not always fulfill these expectations, which is why accidents on someone else’s property happen more often than you might think. If you have been hurt on a friend’s or neighbor’s property, you may wonder about your legal options for recovering damages. Should you sue your friend or neighbor? Is there any other (less uncomfortable) option? If you sustained injuries while visiting someone else’s property (be it a friend or a neighbor), I can help. As a premises liability attorney at James P. Leahy Attorney At Law, I help clients understand their rights and navigate the legal process when seeking compensation for their injuries and losses. With an office in Elgin, Illinois, I also serve the surrounding areas, including St. Charles, Aurora, and Kane County.

Car Accident Fatalities on The Rise in Illinois

By Law Office Of James P. Leahy • May 27, 2021
Car accidents are a serious threat that can lead to expensive medical bills or loss of life. Analysis by the Chicago Tribune indicates that fatalities from car collisions in Illinois rose to a 13-year high in 2020. Here is what you need to know about this worrying statistic.
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