Illinois Fatal Construction Accident Lawyers

Compassionate Attorneys For Families of Victims Killed on the Job

Working in construction is difficult and can lead to serious and fatal accidents. At John J. Malm & Associates, we are committed to representing families who have lost loved ones in construction site accidents in Illinois. Fatal injuries on construction sites are not uncommon, and many are preventable. We understand the emotional devastation, financial burden, and uncertainty that follows a workplace death. Whether the fatality resulted from a fall, equipment failure, electrocution, or another construction hazard, our team of experienced construction accident attorneys are here to help you seek justice and financial compensation. We proudly serve clients across Illinois, including Chicago, Joliet, Aurora, Naperville, St. Charles, and surrounding areas.

Construction Site Fatalities in Illinois

Construction work is consistently one of the most dangerous occupations in Illinois and across the United States. In 2023, the U.S. Bureau of Labor Statistics (BLS) reported 145 fatal occupational injuries in Illinois, a slight decrease from 177 in 2022. Of these, approximately 38% were transportation-related incidents, followed by falls, slips, and trips (17%) and workplace violence (17%).

When focusing on the construction industry, the risks are even more alarming. In 2022, 27 construction workers died in Illinois, compared to 19 in 2021. That number accounted for over 15% of all fatal workplace injuries statewide. The majority of these fatalities occurred in specialty trades, such as roofing, framing, or electrical work.

Nationally, the construction industry accounted for 1,069 fatalities in 2022, the highest number of any industry. Nearly 40% of these deaths resulted from falls, underscoring the danger of working at elevation. Despite safety regulations, many Illinois employers continue to place workers in harm’s way, often by cutting corners on fall protection, failing to properly train employees, or ignoring OSHA safety standards.

Common Causes of Fatal Construction Accidents

The leading causes of construction fatalities in Illinois mirror national trends. The Occupational Safety and Health Administration (OSHA) identifies the “Fatal Four” causes of construction deaths: falls, struck-by incidents, electrocutions, and caught-in/between accidents. These four hazards are responsible for nearly 60% of all construction-related deaths in the U.S.

Falls are by far the most common cause of death on construction sites. In Illinois, workers in roofing, framing, and scaffolding are especially vulnerable to falls from elevation. Improper use of ladders, lack of guardrails, unsecured scaffolding, and inadequate fall protection systems are frequent contributors.

Struck-by incidents, such as being hit by falling objects, equipment, or vehicles, are the second-leading cause of death. These incidents often result from poor worksite coordination or improper storage of materials.

Electrocutions are also a significant threat, particularly among electricians and laborers working near power lines. Contact with live electrical circuits, failure to ground equipment, and defective tools are recurring hazards.

Finally, caught-in/between accidents—such as trench collapses or being crushed between heavy machinery—pose serious risks, especially on excavation projects or tight job sites.

Who Is Most at Risk for a Fatal Accident on the Job?

Certain workers face elevated risks of fatal injury in Illinois construction jobs. According to BLS data, the most dangerous roles include:

• Roofers, who work at height and are often exposed to fall hazards without adequate protection. Nationwide, roofers experience a fatality rate of 59.0 per 100,000 workers, nearly ten times the national average for all industries.
• Framers and ironworkers, who often work on incomplete structures with open edges, scaffolding, or steel beams.
• Trench and excavation workers, who may be buried in trench collapses due to failure to follow proper shoring or sloping procedures.
• Hispanic and Latino workers, who make up a growing portion of the Illinois construction workforce. Studies show that language barriers, lack of formal safety training, and disproportionate placement in high-risk jobs lead to a 41.6% higher fatality rate for Hispanic workers.

Legal Options for Families After a Fatal Construction Accident

When a construction worker dies on the job in Illinois, their family may be entitled to compensation through several avenues.

First, workers’ compensation death benefits are available through the employer’s insurance. These benefits typically cover reasonable funeral and burial expenses and provide weekly payments to the surviving spouse and dependents. In Illinois, the maximum burial benefit is currently $8,000, and the family may receive up to two-thirds of the worker’s average weekly wage, subject to a statutory maximum.

In addition to workers’ comp, families may be able to pursue a wrongful death lawsuit if a third party was responsible for the fatality. Examples include:

• A subcontractor’s negligence on a multi-employer job site.
• A general contractor failing to provide fall protection.
• An equipment manufacturer that sold defective machinery.
• A property owner who failed to maintain a safe worksite.

Wrongful death claims can provide substantial compensation for lost income, loss of companionship, emotional suffering, and more.

Frequently Asked Questions (FAQs) about Fatal Construction Accidents

Q: What causes the most construction deaths?
A: Falls from elevation are the leading cause, accounting for roughly 40% of all construction-related fatalities.

Q: Can I sue for a construction site death if the worker was covered by workers’ comp?
A: You cannot sue the employer directly, but you may be able to file a wrongful death lawsuit against a third party (e.g., contractor, property owner, equipment supplier).

Q: How long do I have to file a claim?
A: In Illinois, the statute of limitations for wrongful death is generally two years from the date of death. However, shorter deadlines may apply in workers’ compensation cases.

Q: What if my loved one was an undocumented worker?
A: Immigration status does not prevent a worker (or their family) from receiving workers’ compensation benefits in Illinois.

Let John J. Malm & Associates Help Guide You After a Loved One’s Fatal Accident on the Job

At John J. Malm & Associates, we understand that a fatal construction accident leaves more than just financial hardship—it leaves a grieving family looking for answers. Our team is experienced in investigating construction site deaths, working with OSHA and safety experts, and holding negligent parties accountable. Whether your claim involves workers’ compensation, wrongful death, or both, we will fight to ensure you receive the full compensation you deserve.

We handle cases throughout Illinois, including Will, Cook, Kane, DuPage, and Kendall Counties. We have recovered millions for injured workers and families and are ready to stand by your side during this difficult time.

Contact the Top-Rated Illinois Fatal Construction Accident Lawyers at John J. Malm & Associates

If your loved one died in a construction accident in Illinois, you may have a claim. Let us help you uncover the truth, hold the responsible parties accountable, and recover the compensation your family needs to move forward. We offer free consultations and work on a contingency fee basis—you pay nothing unless we win.

Call our award-winning Illinois construction accident lawyers at 844-MALMLAW or (630) 527-4177 or contact us online to schedule a confidential case evaluation.

Your family deserves answers, justice, and peace. We are here to help.