Construction Accident Lawsuit in Illinois

Illinois construction accident cases are filed in Circuit Court in the county where the injury occurred. Cook County (Chicago) Circuit Court is one of the largest civil trial venues in the country and frequently handles major construction injury and wrongful death cases. No federal MDL exists for site-specific construction torts.

Illinois imposes a two-year statute of limitations for personal injury (735 ILCS 5/13-202). The period runs from the date of the injury. Illinois courts apply the discovery rule narrowly in construction cases — most traumatic injuries are immediately known, so tolling arguments rarely succeed.

Illinois does not have a Scaffold Law equivalent. However, the Structural Work Act (740 ILCS 150/), which previously imposed strict liability similar to New York's Labor Law § 240, was repealed in 1995. Modern Illinois construction injury claims proceed under ordinary negligence, premises liability, and the Illinois Human Rights Act scaffold regulations. OSHA Area Offices in Chicago and Calumet City actively cite Illinois construction sites; those citations are probative evidence of negligence in civil cases.

Illinois workers' compensation (820 ILCS 305) is the exclusive remedy against the direct employer. Third-party actions against general contractors, subcontractors, property owners, and equipment manufacturers are fully preserved under Illinois law. Illinois follows pure several liability for construction defendants — joint liability reforms under 735 ILCS 5/2-1117 limit joint liability for economic damages when a defendant is less than 25% at fault.