What to do after a construction accident at work
Workers' Compensation - October 6, 2025 by Horwitz, Horwitz & Associates
It can be stressful for injured workers to determine what to do after a workplace construction accident. Many people may fear that they are in trouble or worry about how to pay for the costs of treatment. However, a Joliet construction accident lawyer at Horwitz, Horwitz & Associates can help guide you through the process, so you are confident in how you handle the situation.
Safety is your priority after a construction accident at work
As soon as the injury occurs, your first priority should be ensuring your safety and the safety of those around you. This may mean immediately calling 911 or checking for exposed wiring, unstable equipment, or other active hazards. If you’re seriously hurt, don’t wait. Get medical help right away.
Even if you do not have obvious injuries, it can be important to receive an exam to identify or rule out injuries that may not be immediately evident.
Gather details and contact information
Ideally, you are able to get the compensation or benefits you need to recover quickly and return to work. However, if that is not the case, it is often helpful to be prepared with the contact information of any witnesses. If you called 911, make sure to get the information of the police, fire, or EMS personnel who responded. If police arrived, they should provide information for a police or incident report that you may be able to use as evidence.
If you are able, try to take photos of the scene and your injuries. These photos can include the scene itself, the surrounding areas, and any property damage or injuries you or anyone else may have received.
Reporting the accident to your employer
Once you have addressed the safety and medical concerns immediately, you should report the accident to your supervisor. In Illinois, you usually have 30 days to report the injury to your employer to stay eligible for workers’ compensation benefits. If you go beyond the 30 days before reporting the incident, it can cause complications and delays in accessing benefits.
Workers’ Compensation Insurance
Most employers in Illinois are required to maintain workers’ compensation insurance that provides no-fault benefits for injured workers. For construction workers, this coverage can be the difference between staying afloat and falling behind on bills. Coverage does not require them to show evidence of employer fault or accept fault to receive benefits to cover costs like lost wages or medical bills.
However, if you feel that a third party is responsible or you have evidence that your employer is responsible, you may want to pursue a personal injury lawsuit instead of workers’ compensation benefits.
Personal injury claims after a construction site accident
If you have reason to believe that someone’s negligence caused your workplace injury, you may decide to pursue a personal injury claim. This may be appropriate in situations where your employer fails to provide the necessary safety equipment or the property owners are negligent in maintaining a safe area.
For example, if a subcontractor drops equipment from above or a property owner fails to fix a known hazard, they could be held liable.
Construction workers do work in an inherently dangerous field, but that does not excuse others from their responsibility to take necessary safety measures to minimize risk. Whether the insurance company is giving unfair pushback on a valid claim or you just want to explore all of your options, discussing your situation with a lawyer can be key to getting the financial resources you need to recover.
Determining whether to accept workers’ compensation or pursue a lawsuit
It can be challenging to determine whether pursuing benefits through workers’ compensation or a lawsuit is worth the risk. Typically, you must pick one or the other. If you want to file a claim against your employer, you often waive the right when you accept WC benefits. If you choose to pursue a lawsuit against a third party, such as property owners, the workers’ compensation insurance may claim subrogation rights to any payments they made.
Compensation differences
If you accept workers’ compensation benefits, it is often a relatively quick path to get financial relief. You are limited to a percentage of your lost wages and payment for medical bills. But if you can show negligence through a lawsuit, you may recover compensation for additional hardships such as pain and suffering or emotional anguish.
Call Horwitz, Horwitz & Associates today for help recovering from your construction injury
Regardless of the path you choose, it can be helpful to discuss your options with an attorney who can help you fully understand your rights and options. At Horwitz, Horwitz & Associates, we have years of experience to offer and a track record of happy clients and positive case results.
You can reach out any time to schedule a free case consultation with our team to discuss your options. Call us today at (800) 985-1819 or contact us online to schedule at one of our 4 locations across Illinois.
