One of the biggest mistakes Illinois workers’ compensation lawyers make is not doing a full analysis of every legal issue that could exist on a case. When you hire a work comp attorney, you are hiring them for that case only. But they have a duty to recognize other case issues that may exist to the best of their ability. We think a lot of firms are failing to do this.
It’s a known legal principle that you can’t sue your employer for negligence and you can’t sue over what are considered “Acts of God” or mother nature. In other words, typically if you fall while walking in a snowstorm, nobody can be sued (you could still bring a work comp case). Same is usually true if you slip on a wet surface because it rained.
These things aren’t always true though. And it’s the job of your lawyer to see if you have other options. Their failure to do so could cost you millions.
Suing for falls on a roof that uses a TPO membrane
A TPO membrane is a roofing system to cover flat roofs or those with a low slope. They are common in both commercial and residential buildings. They are popular because they help keep the roofs below them cool. They are also known to be slippery when wet. So if it rains and you are asked to go on that roof, you are at risk of a slip and fall situation.
If you do fall and your employer doesn’t own the building or you are asked to go up there by a general contractor, you may have a lawsuit against one or both of them if you fall and get hurt. They should take steps to make the roof safe such as using traction devices or putting up “slippery when wet” warning signs.
If you do get injured that means you might have two cases. The workers’ compensation claim AND a personal injury lawsuit. The work comp case is great because it allows you to get immediate medical care at no cost to you and will also pay you for your time off of work. Eventually you could get a settlement.
The personal injury lawsuit though could be much more lucrative than the work comp case. If your injuries are big such as a back or leg surgery, the case could be worth millions.
In the big picture, many work comp lawyers would hear someone slipped on a wet roof while working and see it as a work comp case only. Their lack of investigation could cost you a lot of money. If your attorney isn’t asking other questions about why you fell, who owns the property, etc. it’s a red flag to me that they aren’t very thorough in their job.
There are strict timelines for suing for negligence, two years in most cases. And unlike work comp, an investigation needs to happen to determine fault and who to sue. In other words, time is of the essence.
If you’d like to discuss your case, we are happy to give you a free, confidential evaluation. Call us any time at 312-346-5578.
