Slip and Fall Injuries in Illinois

Sometimes when you have a fall, it seems to come out of nowhere. But when you slip and fall at work, you want to be able to recover benefits from the Illinois Workers’ Compensation system. Your case will have a much better chance of succeeding if you have specifics about the circumstances surrounding your accident. If you have no idea how you fell, you could be out of luck with your claim.

Just because an accident happens while you’re at your workplace, it doesn’t necessarily mean that you have a case for benefits. You also have to show that your accident is connected to your employment. Was there a hazard you were exposed to that was related to your job? 

 

What can make or break your case are the details about where you were when you fell, what the conditions were like, and what else was going on at the time. 

 

For example, if you slip and fall in the parking lot, it could be helpful to know if you were carrying something you needed for work, or if there was something about the conditions on the ground that may have caused you to fall. Was something happening at the time that put you more at risk for the fall than someone who did not work for your employer?

 

Similarly, if you have a fall in the office, the surrounding circumstances can be helpful to prove your case. What were the physical details where you fell: such as poor lighting, wet floors, boxes or other things on the floor where you were walking? What other work-related factors were involved: rushing to a meeting; carrying work supplies; or were you in the process of performing job duties?

 

In one case a worker fell down the stairs at work while carrying knives. The court said that there wasn’t any special work-related risk in walking down those particular stairs. But the size and weight of the knives did make the accident employment- related. The worker needed to carry them for his job duties, and they created a unique risk to his job. 

 

Even though accidents can sometimes seem to happen in a flash, it can be very helpful to your workers’ compensation case for you to have as many of the details as possible. The closer in time that you take notes or pictures of the events and environment, the more likely you are to be able to get benefits for your injury. 

 

And like any other case, we highly recommend that you not give a recorded statement to an insurance adjuster because you may get tricked in to saying something that hurts your claim and causes you to lose your benefits.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Jamira Owokoniran - April 23, 2011 12:06 PM

HI, I was recently injured at work in Jan. I was sitting on a chair at work. The chair collapsed and I land on a tool box, injuring my lower back. I ask my current attorney if he want the pictures I have taken. He told me "NO and that they weren't necessary for workers’ comp." He also stated, that with works comp cases it’s not about who was at fault, it about the fact you were hurt at work.

I want to know is this true? Because it seems to me that the pictures are necessary for the case or any case.

WE REPLY: It's not just about getting hurt at work, you have to show some increased risk. That said, if a chair just falls apart, it should be enough for an increased risk. We'd probably tell you to take pictures just to be safe, but it's not mandatory, just lazy not to.

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