The Winter weather season in Illinois and across the country raises the danger level for employees on the job.
Besides the usual dangers, they must worry about a workplace slip in poor weather conditions, whether on sidewalks or parking lots.
Regardless of whether anyone can be held liable, an injured employee may receive financial compensation depending on when the injury happened without needing to prove liability.
We can help with your workers compensation claim for lost wages, medical bills, and other associated costs when you have suffered a workplace injury.
The Requirements of a Workers Compensation Claim
There are two primary requirements for any workers’ compensation claim:
- You suffered an injury
- The injury was work-related
If you meet these requirements, you should receive benefits if you follow all of the procedural rules.
An attorney can help you understand what you need to do to get benefits and could represent you in an appeal if you were wrongly denied benefits.
Are Fall Injuries Work-Related?
If you were doing a task for your job when you fell, there would not be much of a question about whether you can get workers compensation benefits.
These pay for any work-related injuries. Job-related falls are one of the most common causes of injury on the job, and these are indeed covered.
If you fell while doing your job, the only central question you must answer is whether you were injured.
Where Did the Fall Happen?
Work-related can depend on where the fall happened. If you were injured in the workplace parking lot, you might face opposition from the workers’ compensation insurance company when you file a claim.
Even though you were on the company’s property, they may argue that the injury was not work-related.
If the fall was in the actual space where you work, you should not have a hard time qualifying for benefits.
The Going and Coming Rule
The general rule for workers compensation claims is that employees cannot receive compensation for injuries they suffer on the way to and from work.
However, once you arrive on the employer’s premises for your workday, you may qualify for benefits if you fall and are injured.
Most important, exceptions to the going-and-coming rule apply when an employee slips on a sidewalk on company property or falls in an employee-designated parking lot.
It does not matter whether walking to and from your job is part of your duties. So long as the employer owns the parking lot or sidewalk where you fell, you may be entitled to benefits.
Workers Compensation Benefits Do Not Depend on Fault
In a personal injury claim, you must prove the accident was someone else’s fault. They might be able to avoid responsibility if the snow and ice resulted from natural accumulation.
When you are filing a workers compensation claim, it does not matter whether the employer was negligent.
The result would be the same whether the employer was careless or not.
No matter what, you can obtain workers compensation benefits if the injury involves your job.
What to Do Right After the Accident Occurred
An injured employee must take steps right after the accident occurs to be in a position to file a claim against the company’s workers compensation policy.
The best thing is to give your employer notice immediately after the fall.
In Illinois, you have 45 days from your injuries to notify your employer. You should immediately see a doctor to get documentation of your physical condition.
Your employer may direct you to a physician from their network whom you must see.
If you need extensive medical treatment, see every doctor necessary and follow their recommendation to recover from your slip and fall accident.
Slip and Fall Injuries from Snow and Ice
Every year, over a million people are injured from falls on snow and ice. Many of these injuries can be life-altering and require extensive recovery time.
Here are some common harms from a fall injury:
- Traumatic brain injury – head hits can cause the accident victim to suffer brain injuries. A head injury will involve substantial medical treatment and missed time from work. They may suffer brain damage in this life-threatening injury.
- Compression fracture – even a minor fall can lead to a broken bone when the employee slips and falls onto the hard pavement
- Spinal cord injuries
- Neck and back injuries
These are the common injuries. Falling on snow and ice is dangerous and could lead to other serious injuries.
What Workers Compensation Benefits Cover
Although a workers’ compensation claim does not provide the same amount of financial compensation as a personal injury lawsuit.
A fall covered by this system would at least help you with some of your major expenses and provide financial security until you can work again.
Workers compensation benefits will pay for medical expenses and cover some of your lost wages for a certain period.
These benefits will not cover pain, suffering, or any other non-economic damages that a personal injury settlement would pay.
Medical costs covered by these benefits would include doctor’s bills, hospital stays, prescriptions, and rehabilitation.
Consider a Regular Liability Insurance Claim for a Slip and Fall Accident
If your fall accident was on the line of what may be considered a work-related claim, you certainly have other ways to get money for your injuries when someone else was negligent.
Sometimes, your employer would want you to go through the workers compensation system because it means they cannot be sued.
If you fell on snow that froze over because it was not cleared in time, you may have a case for negligence against a third party.
However, it may be more difficult if you fall on a natural accumulation of ice or slip in freezing rain, which happens in Chicago.
Nonetheless, you can still receive benefits through your employer’s workers compensation insurance coverage if you were injured doing your job off the corporate premises.
If you were injured off your work premises, you may consider whether there is a third party who could be held legally responsible. This could mean more financial compensation for your injuries.
Call Us for a Free Consultation
If you have been injured on the job, our Chicago, IL, lawyers can help you determine your legal options. We will work with you to see whether you can file a workers comp claim or a personal injury lawsuit.
Our construction site fall accident lawyers will identify the best path toward receiving financial compensation for your injuries.
Call us today at (888) 424-5757 or contact us online to take the first steps to form an attorney-client relationship with us. The initial consultation is free, and you owe us nothing unless you win.