If you suffered a job site injury in Illinois and want to sue the general contractor for construction injury, the answer depends on a legal doctrine called retained control. Illinois no longer has the Structural Work Act — it was repealed in 1995 — but workers injured on construction sites still have a legal path to hold general contractors accountable through a third-party lawsuit.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
The Scaffold Act Is Gone — Here Is What Replaced It
For decades, the Illinois Structural Work Act (the Scaffold Act) imposed strict liability on general contractors and property owners for injuries on scaffolding and elevated structures. That law was repealed by Public Act 89-2 in 1995. It no longer applies to any claim, no matter when the accident occurred.
Today, injured construction workers cannot rely on the Scaffold Act. Instead, the primary legal theory for suing a general contractor is the retained-control doctrine rooted in common law negligence. This is a more fact-intensive analysis, but it is a well-established route to third-party liability in Illinois courts.
What Is the Retained-Control Doctrine?
The retained-control doctrine comes from the Restatement (Second) of Torts § 414. Under this principle, a general contractor who retains control over the manner or method of a subcontractor’s work can be held liable for injuries to the subcontractor’s employees. The key question is whether the general contractor exercised — or had the right to exercise — meaningful control over the work that caused the injury.
Illinois courts have applied this doctrine in construction cases. In Carney v. Union Pacific Railroad Co., 2016 IL 118984, the Illinois Supreme Court examined retained control and premises liability in a construction setting. The court made clear that liability does not attach merely because a general contractor has the authority to stop unsafe work — there must be actual retained control over the operative details of the task that caused the harm.
Factors that Illinois courts look at include: whether the GC directed the sequence of work, whether the GC supplied tools or equipment, whether the GC’s supervisors were on site giving day-to-day instructions, and whether the GC’s safety personnel had authority over the specific task being performed when the accident happened.
Workers’ Comp Does Not Bar a Lawsuit Against the GC
Many injured workers assume that collecting workers’ compensation benefits ends their legal options. That is not correct. Under 820 ILCS 305/5(a), workers’ compensation is the exclusive remedy against your direct employer — the company that hired you and pays your wages. It bars a negligence lawsuit against that employer only.
A general contractor is a separate legal entity — a third party. The exclusive-remedy rule does not protect the GC from a civil lawsuit. If a subcontractor’s employee is injured on the job, that worker can collect comp benefits from their direct employer AND file a third-party lawsuit against the general contractor. The two claims can run at the same time. If the worker recovers money from the GC lawsuit, the comp carrier typically has a lien on that recovery, but that is a reimbursement issue, not a reason to skip the third-party claim.
For a broader overview of how these third-party claims work in Illinois construction accidents, see our page on third-party construction accident claims.
What Evidence Supports a Retained-Control Claim?
Building a retained-control case requires gathering evidence that shows the GC had meaningful oversight of the work. The most useful evidence typically includes:
- The prime contract and all subcontracts, which often contain safety-oversight clauses
- Daily site logs, safety meeting minutes, and job hazard analyses
- Communications (emails, texts) between GC supervisors and the subcontractor
- OSHA citations issued to the GC following the accident
- Witness statements from other workers about who gave safety instructions on site
- Site safety plans and the GC’s accident investigation reports
This evidence must be preserved quickly. Construction projects move fast, and documents, photographs, and video footage can disappear or be overwritten within days. An attorney can send a legal hold letter to the GC and its insurer early in the process to prevent spoliation.
Time Limits for Filing in Illinois
A third-party personal injury lawsuit in Illinois is generally subject to a two-year statute of limitations under 735 ILCS 5/13-202, running from the date of the injury. Missing that deadline typically means losing the right to sue entirely. There are limited exceptions, but waiting to consult an attorney puts those exceptions at risk too.
The comp claim and the third-party lawsuit have different deadlines and procedural rules. An attorney can help you coordinate both without jeopardizing either.
Talk to a Chicago Attorney — Free Consultation
If you were injured on a construction site in Illinois and a general contractor controlled the work, you may have a third-party claim worth pursuing. Phillips Law Offices handles construction accident cases throughout the Chicago area. Call (312) 346-4262 for a free consultation, or visit our contact page to get in touch. Attorney review required before any legal action is taken.