Some falls at work are what we call “compensable,” meaning they count as a work injury and you can get compensation. The compensation in Illinois includes coverage of all your related medical bills and disability checks if you’re too injured to work.
Some falls at work are not compensable. The difference is whether the fall is caused by your job. Illinois law says it must arise out of and in the course of your employment. Basically, this means the fall has to be related to your job.
You don’t have to be injured by workplace equipment, and it doesn’t have to be your employer’s fault. You can trip over your own two feet, or trip over something because you weren’t watching where you were going, if you can also prove that something unique to your job contributed to your fall.
For example, if you trip going up the stairs, you are going to have to prove that your job made you fall. It could be because there was water on the stairs, or because you were rushing to a meeting, or because you were carrying a stack of boxes, or files, or because your boss needed you quickly. Any of these reasons should make your injury compensable.
If you simply tripped up the stairs, for no reason, then you’re going to have trouble getting benefits. The reason is because you weren’t at any greater risk for tripping and falling than the general public. Anyone can trip and fall at anytime, anywhere. Your job did not make you more susceptible.
Even in cases that should be compensable, the insurance company can deny your claim, saying it’s not work related. Don’t take their word for it. It’s in their best interest to say that your injury didn’t arise out of your employment. If something related to your job caused your fall, an Illinois workers’ compensation attorney can push back and fight for your benefits.
We are workers’ compensation attorneys who 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.