Illinois Construction Accident Settlement Calculator
Estimate compensation under Illinois common-law negligence (Structural Work Act repealed 1995) with the Carney retained-control framework for GC liability
⚙ ILLINOIS POST-SWA: Common-law negligence under Restatement §414. Carney v. Union Pacific (2016) significantly narrowed GC liability — mere presence isn't enough.
Su lesión
Su Acuerdo Estimado
$6,000 — $6,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 0.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
La compensación laboral es un sistema sin culpa: sus beneficios no se reducen porque usted haya sido parcial o totalmente responsable del accidente.
La compensación laboral no paga dolor y sufrimiento. A diferencia de un reclamo de lesiones personales, solo cubre el tratamiento médico y una parte de sus salarios perdidos — por lo que no se incluye ningún monto por dolor y sufrimiento arriba.
Esta cifra no incluye una indemnización por deterioro permanente. Si su lesión deja limitaciones duraderas, la mayoría de los estados agregan un pago separado según la calificación de deterioro de un médico y un cronograma legal.
Si alguien que no sea su empleador causó la lesión — un subcontratista, un conductor, una máquina defectuosa — también podría tener un reclamo separado de lesiones personales contra esa parte, y ese reclamo puede incluir dolor y sufrimiento.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor
Illinois After the Structural Work Act — What Actually Matters for Your Case
Illinois repealed its Structural Work Act on February 14, 1995 (Public Act 89-2). Pre-repeal claims are exhausted, and the legislature did NOT pass a replacement. Today's Illinois construction injury law relies on common-law negligence under Restatement (Second) of Torts §414 (retained control), the Illinois Workers' Compensation Act (820 ILCS 305/), and several related statutes governing indemnification and contribution between defendants.
The single most important case is Carney v. Union Pacific Railroad Co., 2016 IL 118984 (Illinois Supreme Court). Carney significantly narrowed GC liability — a GC is not liable simply by being on the job site. Plaintiffs must prove: (1) the GC retained control over the means and methods through contract language AND actual conduct, (2) the GC exercised that control negligently. Mere presence, the right to stop work, or general oversight are NOT enough. This made IL construction claims substantially harder than before Carney — but still viable with the right facts and documentation.
Workers' comp is the exclusive remedy against your employer in Illinois (820 ILCS 305/5), but §5(b) expressly preserves third-party tort claims against property owners, other contractors, and equipment manufacturers. The Kotecki Cap (1991) limits an employer's contribution obligation to third-party defendants to the amount of workers' comp benefits paid — this protects small employers from being bled dry but can affect overall case value when an employer is a necessary defendant.
Illinois Construction Law — Key Statutes After 1995
Post-repeal Illinois construction injury claims rely on a patchwork of common-law doctrines and supporting statutes. Your attorney will invoke several:
740 ILCS 150/ (Structural Work Act)
Status: REPEALED Feb 14 1995 by P.A. 89-2
Pre-repeal claims exhausted
Restatement (Second) of Torts §414 (retained control)
Doctrine: Common-law negligence basis for GC liability post-SWA
820 ILCS 305/ (Workers' Compensation Act)
§5(b) expressly preserves third-party civil actions
740 ILCS 35/ (Construction Contract Indemnification for Negligence Act)
Prohibits indemnification clauses protecting party from its own negligence
740 ILCS 100/ (Joint Tortfeasor Contribution Act)
Proportional contribution between defendants
GC Liability After Carney — What Plaintiffs Must Prove
Under Carney v. Union Pacific Railroad Co., 2016 IL 118984, a GC is liable only if: (1) the written contract between the GC and subcontractor specifically retained control over the means and methods of work (not just outcomes/schedule/quality), AND (2) the GC actually exercised that retained control in a way that was negligent and caused the injury. Evidence courts look for: daily safety directives from GC to sub, GC-provided PPE with specific brand/type requirements, GC-mandated pre-task hazard analyses, GC site superintendent giving direct instructions to workers. Evidence courts find insufficient: GC attending weekly progress meetings, GC having authority to stop unsafe work (without exercising it), GC enforcing OSHA compliance through documentation alone. If your contract paperwork shows the GC delegated all safety decisions to the sub, Carney likely defeats your claim against the GC — focus instead on property owner, equipment manufacturer, or the sub employer (for §5(b) preservation).
Workers' Comp vs. Third-Party Suits in Illinois
Workers' comp is the exclusive remedy against your direct employer under 820 ILCS 305/5. You CANNOT sue your employer for negligence in most cases. But 820 ILCS 305/5(b) expressly preserves third-party tort claims against non-employers: property owners (for premises liability), other contractors (for negligent acts on site), and equipment manufacturers (for defects). The Kotecki Cap from Kotecki v. Cyclops Welding Corp. (146 Ill.2d 155, 1991) limits an employer's contribution liability to third-party defendants to the amount of workers' comp paid — this matters for settlement leverage and reduces employer exposure in multi-defendant cases. General PI SOL: 2 years under 735 ILCS 5/13-202. Construction defect claims against design/construction professionals: 4 years from discovery + 10-year statute of repose under 735 ILCS 5/13-214.
No General Damage Caps in Illinois Construction Cases
Illinois has no general cap on compensatory damages (economic + non-economic) in personal injury cases, including construction injuries. The 2005 tort reform statutes ($500K non-economic for physicians, $1M for hospitals) were struck down as unconstitutional in Lebron v. Gottlieb Memorial Hospital, 237 Ill.2d 217 (2010) on separation-of-powers grounds. Those caps applied only to medical malpractice and are no longer operative. Punitive damages are available but narrowly — you must prove conscious disregard for safety or willful misconduct. Commonwealth of Illinois claims are limited under the Court of Claims Act. OSHA violations are admissible as evidence of negligence and are 'very persuasive' to juries but do NOT establish negligence per se under IL law.
Illinois Construction Accident Verdicts
Post-Carney IL construction verdicts are narrower than pre-1995 SWA days, but still regularly reach seven figures for serious injuries:
| Amount | Year | Case / Injury |
|---|---|---|
| $3M | — | — Kankakee County construction accident |
| $1.2M | — | — Ironworker 25-foot fall, Chicago |
| $625K | — | — DuPage County construction accident |
Illinois Construction Accident FAQs
Why did Illinois repeal the Structural Work Act?
The Structural Work Act was repealed in 1995 (Public Act 89-2) as part of a broader tort-reform package. The SWA had imposed strict liability on owners and GCs for construction falls — similar to NY's current Labor Law §240. Critics argued it drove up construction insurance and chased projects out of Illinois. Supporters argued it protected workers from corner-cutting general contractors. Post-repeal, Illinois is a standard common-law negligence jurisdiction for construction injuries — significantly less plaintiff-friendly than NY, but still viable with proper documentation of retained control and negligent exercise.
Can I sue my employer in Illinois for a construction accident?
Generally no. Workers' comp is the exclusive remedy against your direct employer under 820 ILCS 305/5. You get medical treatment, temporary and permanent disability benefits, but cannot sue for pain and suffering. Narrow exceptions: (1) employer's intentional tort (very hard to prove), (2) employer's fraudulent misrepresentation, (3) dual-capacity doctrine (if the employer also wore a non-employer hat, like property owner — narrow and rarely applied). In almost all cases, your tort claim goes against third parties: the GC (subject to Carney), another sub, property owner, or equipment manufacturer.
How does Carney v. Union Pacific affect my GC case?
Carney significantly raised the bar for suing GCs. Before Carney, courts sometimes allowed GC liability based on job-site presence and general safety authority. After Carney, you must prove: (1) the written contract specifically retained means-and-methods control (not just outcomes/quality), AND (2) the GC actually exercised that control in a way that was negligent and caused your injury. Review your subcontract agreement carefully — if the GC delegated all safety decisions to the sub, you likely cannot reach the GC under Illinois law. Shift focus to: owner-in-possession claims, co-contractor claims, or equipment manufacturer product liability.
What is the Kotecki Cap and how does it affect my case?
The Kotecki Cap (from Kotecki v. Cyclops Welding Corp., 146 Ill.2d 155, 1991) limits your employer's contribution obligation to third-party defendants. If you sue a third party (like an equipment manufacturer), and that third party brings your employer into the case seeking contribution, the employer's exposure is capped at the workers' comp benefits paid. This protects small/mid-sized employers from being destroyed by third-party indemnification claims. For plaintiffs, it affects settlement dynamics: the third-party defendant has less leverage to force employer participation, which may reduce the global settlement pool slightly but simplifies the case structure.
How long do I have to file a construction injury lawsuit in Illinois?
General personal injury SOL is 2 years from injury under 735 ILCS 5/13-202 — the shortest among the 5 states we cover. For construction claims against design/construction professionals (engineers, architects, GC-as-designer), there is an additional 4-year SOL from discovery + 10-year statute of repose under 735 ILCS 5/13-214 — meaning no claim against a design/construction professional can be filed more than 10 years after the act/omission. Workers' comp claim must be filed within 3 years of the accident or 2 years after the last payment of compensation (whichever is later) under 820 ILCS 305/6(d). Do not delay — 2 years passes faster than most survivors realize.
Active Legal Issues
Active legal debates (as of April 2026):
- No statutory Scaffold Law replacement; claims depend entirely on contract terms + actual conduct + OSHA records
- Carney made GC liability substantially harder absent clear contractual control provisions
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2053&ChapterID=57
- repository.law.uic.edu/cgi/viewcontent.cgi?article=1438&context=lawreview
- www.bcm-law.com/practice-alerts/civil-litigation-alert/liability-for-construction-negligence
Other State Construction Accident Calculators
New York
Labor Law §240 — absolute liability (only US state)
California
Privette Doctrine — default no GC liability
Pennsylvania
Statutory Employer Doctrine — McDonald 5-prong
Massachusetts
Corsetti retained-control + §28 double benefits
All States — Main Construction Calculator
Nationwide ranges + Fatal Four hazards + third-party liability theories
Related
Other Calculators for Illinois
Each Illinois calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Illinois verdict data where available.
Cities in Illinois
Construction Accident Calculators by State
Construction injury settlement values and labor-law rules vary by state: