Illinois Construction Site Accident Claims Outside of Workers’ Compensation

 Posted on July 14, 2025 in Construction Accidents

Construction work is dangerous, and while workers’ compensation benefits in Illinois often help injured employees,  they do not always cover everything. If you have been hurt in a construction accident, you may have other legal options for compensation. An Aurora, IL construction accident attorney can help you explore claims against third parties whose negligence may have caused your injuries. These types of claims fall outside the workers’ compensation system and could lead to a larger financial recovery.

Potential Third Parties in a Construction Site Accident Case

Workers’ compensation claims do not have a fault element, meaning that you do not need to prove someone else was at fault to access compensation through a workers’ comp claim. However, that protection only extends to you and your employer. Other people or parties can play a role in creating unsafe conditions at construction sites. Examples of potential third parties include:

• Subcontractors who leave debris in walkways

• Equipment manufacturers who produce defective machinery

• Property owners who fail to fix dangerous conditions on their land

• Vendors who deliver materials in unsafe ways

Under the Illinois Workers’ Compensation Act, 820 ILCS 305/5(b), you are allowed to file a lawsuit against such third parties even if you are already getting workers’ compensation benefits.

Proving Third-Party Liability in an Illinois Construction Site Accident Case

Bringing a third-party claim is different from filing for workers’ compensation because you have to prove that someone else was negligent. In Illinois, you must show that the third party owed you a duty of care. Then, your evidence must show that they failed to meet that duty, and their failure caused your injuries and losses. For example, under the Premises Liability Act, 740 ILCS 130/2, property owners have a legal duty to keep their premises reasonably safe for people who are legally there. The law requires them to fix any hazards or clearly warn people about them.

Evidence in these cases often includes:

• Accident reports

• Photos showing unsafe areas

• Statements from witnesses who saw what happened

• Records of safety violations

• Documentation proving that the equipment was faulty

If you were injured by a piece of machinery that failed because of a design or manufacturing defect, you might also have a product liability case under 735 ILCS 5/2-621. According to this law, manufacturers or sellers can be held responsible.

Damages You Can Recover That Are Not Available in a Workers’ Compensation Claim

Workers’ compensation provides medical care and partial wage replacement but does not cover all the harm caused by a serious injury. A third-party lawsuit lets you seek more types of damages. Through a civil case, you could recover your entire lost income rather than only a portion. You can also pursue money for pain and suffering, emotional distress, and the loss of enjoyment of life if your injuries affect your ability to participate in normal activities. A lawsuit can help you get compensation for disfigurement, permanent disabilities, and future medical expenses that workers’ compensation might not fully cover.

Unlike workers’ comp benefits, these damages are designed to make you whole by addressing all your losses. It is also an opportunity to hold the negligent party in your case accountable for their actions.

Contact a Kane County, IL Construction Accident Attorney Today

If you suffered an injury on a construction site and believe someone other than your employer may be responsible, the Aurora, IL personal injury lawyers at Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can help you fight for the compensation you deserve. Contact us today at 630-907-0909 for a free consultation.