How a Construction Accident Lawyer Fights for Non-Union Workers

Construction is one of the most dangerous industries in Illinois and across the U.S. Every year, thousands of workers suffer serious injuries on job sites due to falls, equipment failures, electrocutions, or being struck by objects. While unions often provide strong protections and representation for their members, many workers in the construction industry are non-union. These workers often face unique challenges when it comes to asserting their rights after a construction accident.

At John J. Malm & Associates,we fight for injured construction workers—whether union or non-union—to ensure they receive the compensation and justice they deserve. Our firm has extensive experience representing non-union laborers, day laborers, and independent contractors who are often the most vulnerable after an on-the-job injury.

Understanding the Plight of Non-Union Construction Workers

Non-union workers make up a significant portion of the construction workforce in Illinois and nationally. According to the U.S. Bureau of Labor Statistics, only 13.9% of construction workers were unionized in 2023, down from previous decades. This means that the vast majority of workers may lack access to union-backed health insurance, collective bargaining agreements, or safety enforcement mechanisms.

In Illinois, many non-union workers are employed by subcontractors or labor brokers and may be paid in cash or under the table. Some are undocumented immigrants or independent contractors. These workers often face:

• Unsafe work environments
• No access to worker protections or training
• Retaliation for reporting injuries
• Lack of workers’ compensation coverage

Construction accident lawyers play a critical role in leveling the playing field after an injury on the job.

Common Construction Accidents Affecting Non-Union Workers

Non-union workers are often assigned the most dangerous tasks on job sites. Common construction accidents involving non-union workers include:

• Falls from heights, such as scaffolding or roofs
• Electrocution from exposed wires or power lines
• Trench collapses due to inadequate safety measures
• Crushing injuries from heavy machinery or vehicles
• Falling objects from cranes or elevated platforms

The Occupational Safety and Health Administration (OSHA) refers to these as the “Fatal Four” construction hazards—falls, struck-by incidents, electrocutions, and caught-in/between accidents—which accounted for more than 60% of construction worker deaths in 2022.

The Legal Challenges Faced by Non-Union Workers

Many non-union workers assume they cannot take legal action after an accident. But this is not true. Experienced construction accident lawyers know how to navigate the unique challenges these workers face, including:

1. Lack of Workers’ Compensation Insurance

Employers in Illinois are required to carry workers’ compensation insurance—even for part-time and undocumented workers. Unfortunately, many employers of non-union workers fail to comply. A lawyer can:

• Investigate whether the employer has insurance
• File a claim with the Illinois Workers’ Compensation Commission
• Seek penalties against uninsured employers
• Help file a Section 19(b) emergency petition for medical benefits

2. Misclassification as Independent Contractors

Some employers wrongfully classify workers as “independent contractors” to avoid paying benefits. In Illinois, courts use several factors to determine whether a worker is truly independent or actually an employee entitled to benefits. An attorney can challenge this misclassification by analyzing:

• The degree of control the employer has over the work
• Who provides the tools and equipment
• Whether the work is part of the regular business of the employer

3. Fear of Retaliation

Non-union workers may fear deportation, job loss, or blacklisting if they file a claim. However, it is illegal for employers to retaliate against workers who assert their rights. In Illinois, 820 ILCS 305/4(h) prohibits firing or discriminating against workers for filing a workers’ comp claim. A lawyer can advise the worker on whistleblower protections and bring a retaliation claim if necessary.

How a Construction Accident Lawyer Helps Non-Union Workers

1. Thorough Investigation and Evidence Preservation

Immediately after a construction accident, employers and general contractors often try to cover up evidence of negligence. A lawyer can:

• Secure accident scene photos
• Obtain incident reports and OSHA investigations
• Identify witnesses and subcontractors
• Preserve video surveillance footage

This is crucial for both workers’ comp and third-party lawsuits.

2. Pursuing Third-Party Liability Claims

If a third party caused or contributed to the accident—such as a property owner, general contractor, or equipment manufacturer—the injured worker can file a personal injury lawsuit outside of the workers’ compensation system.

A lawyer may pursue claims for:

• Unsafe jobsite management (against the general contractor)
• Defective tools or scaffolding (against manufacturers)
• Premises liability (against property owners)
• Negligent hiring (against staffing agencies)

Unlike workers’ comp claims, third-party lawsuits allow for full damages, including pain and suffering, loss of normal life, and future earnings.

3. Fighting for Maximum Compensation

Non-union workers may be unaware of the full value of their claim. A construction accident attorney can help recover:

• Medical bills and future care costs
• Lost wages and loss of earning capacity
• Pain and suffering
• Disability and disfigurement
• Wrongful death damages for families

Experienced construction accident lawyers often bring in economists, vocational experts, and medical professionals to support the claim’s value.

4. Assistance with Immigration-Related Concerns

Illinois courts have repeatedly held that undocumented workers have the right to seek injury compensation, including workers’ comp and tort damages. A lawyer can ensure that immigration status is not used to intimidate or deny justice.

5. Negotiating and Litigating Against Powerful Defendants

Many non-union workers are up against large construction companies, insurers, or equipment manufacturers. These entities have teams of defense attorneys. A skilled construction injury lawyer knows how to:

• Handle depositions and expert witnesses
• Present evidence of OSHA violations
• Prove breaches of Illinois’ Premises Liability Act or Structural Work Act
• Fight lowball settlement offers or take the case to trial

Why Choose Our Law Firm?

At John J. Malm & Associates,we have a proven track record of standing up for non-union workers in Illinois construction accidents. Our team knows how to fight insurance companies and negligent contractors who try to take advantage of vulnerable workers.

We believe that every worker—regardless of union status, immigration status, or language barriers—deserves dignity and fair compensation after an injury. Attorney John J. Malm has been recognized as a Top 100 Trial Lawyer by The National Trial Lawyers and has recovered millions for injured construction workers across the state.

Frequently Asked Questions (FAQ) About Construction Accident Claims

Can non-union workers file a construction accident lawsuit in Illinois?

Yes. Non-union workers can file lawsuits against third parties responsible for their injuries, such as general contractors, property owners, or equipment manufacturers.

What if I’m paid in cash or don’t have legal documents?

You still have rights under Illinois law. Even undocumented workers and day laborers paid in cash are entitled to workers’ compensation and legal remedies for injuries.

Is it worth hiring a construction accident lawyer?

Yes. A lawyer can help you identify all available claims, preserve evidence, and fight for full compensation, especially when facing powerful construction companies or insurance carriers.

Can I be fired for reporting an accident?

It is illegal for your employer to retaliate against you for reporting a workplace injury or filing a claim.

Let John the Top-Rated Illinois Construction Accident Attorneys at J. Malm & Associates Help You Be Heard

Non-union construction workers face steep odds after an accident—but with the right attorney, justice is possible. Whether you’ve been injured by a fall, a collapsed trench, or a defective piece of equipment, you deserve to be treated with respect and represented with strength.

At John J. Malm & Associates, we fight aggressively for non-union workers across Illinois who have been hurt on the job. Our dedicated Illinois construction accident lawyers are ready to help you explore your legal options, challenge unsafe employers, and recover the full compensation you deserve.

Call us today at (630) 527-4177 or contact us online for a free consultation. There are no legal fees unless we win your case.