Construction Site Injuries in Illinois
Whether an injured construction worker in Illinois can sue beyond workers' comp, any scaffold or height-safety law, and the deadline to sue.
Short answer: An injured worker covered by the Workers' Compensation Act generally cannot sue the employer for the injury; workers' comp is the remedy. 820 ILCS 305/5(a), (b)
| Construction site injuries | An injured worker covered by the Workers' Compensation Act generally cannot sue the employer for the injury; workers' comp is the remedy. If someone other than the employer (for example, another contractor or an equipment maker) is legally liable, the worker may sue that party, and the employer is repaid from the recovery for the compensation it paid. Read on ilga.gov on 2026-10-28. Source: 820 ILCS 305/5(a), (b) |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse. Source: 735 ILCS 5/2-1116 |
| Deadline to sue for an injury | A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit. Source: 735 ILCS 5/13-202 |
More Illinois personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Illinois
- Wrongful Death Lawsuits in Illinois
- Medical Malpractice Rules in Illinois
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- Dog Bite Liability in Illinois
- Slip, Trip and Fall Injuries in Illinois
- Sidewalk and Public Property Falls in Illinois
- Motorcycle Accident Claims in Illinois
- Pedestrian Accident Claims in Illinois
- Bicycle Accident Claims in Illinois
- Uber and Lyft Accident Claims in Illinois
- Truck Accident Claims in Illinois
- All Illinois personal injury & wrongful death rules
FAQ
Can you sue for a construction accident in Illinois?
An injured worker covered by the Workers' Compensation Act generally cannot sue the employer for the injury; workers' comp is the remedy. If someone other than the employer (for example, another contractor or an equipment maker) is legally liable, the worker may sue that party, and the employer is repaid from the recovery for the compensation it paid.
Can you recover damages if you were partly at fault in Illinois?
Modified comparative fault (51% bar). In negligence and strict product liability cases for bodily injury, death or property damage, a plaintiff whose fault is more than 50% of the cause recovers nothing. A plaintiff whose fault is 50% or less recovers damages reduced by his or her share of fault. No fault may be attributed to a plaintiff suing over childhood sexual abuse.
What is the statute of limitations for personal injury in Illinois?
A lawsuit for injury to the person (and for false imprisonment or malicious prosecution) must be filed within 2 years after the cause of action accrued. Claims for damages from first degree murder or a Class X felony, where the perpetrator is convicted, are excluded from this limit.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.