Chicago Slip and Fall Workers’ Compensation Attorney

Slip and fall accidents are a leading cause of workplace injuries, affecting employees across industries in Illinois and beyond. For injured workers, navigating the workers’ compensation insurance system is critical to securing benefits that cover medical expenses, lost wages, and other needs during recovery.

Rosenfeld Injury Lawyers help injured workers protect their legal rights and seek compensation in work slip and fall accident cases.

Understanding Workplace Slip and Fall Accidents

A workplace slip-and-fall accident occurs when an employee slips, trips, or falls due to unsafe conditions in their work environment. While these accidents are a leading cause of workplace injuries, they could have been avoided in many cases through proper safety measures and maintenance.

Slip and fall work-related accidents can occur in any industry but are especially common in fields with inherently hazardous environments, such as:

• Healthcare: Nurses and hospital staff often face wet floors from spills, scattered equipment, and cluttered hallways.
• Construction: Uneven ground, unstable scaffolding, and misplaced tools make construction workers particularly vulnerable.
• Manufacturing and Warehousing: Workers frequently encounter slippery surfaces, loose cables, or improperly maintained machinery.
• Retail: Wet entryways, torn carpeting, or poorly arranged stockrooms lead to frequent falls for retail employees. It’s critical to seek medical attention as soon as possible after an accident.

These accidents can have devastating consequences for workers. Severe injuries may lead to permanent disabilities, preventing employees from returning to their jobs or continuing their careers. The financial strain and physical and emotional stress underscores how disruptive these accidents can be for individuals and their families.

Slip and Fall Workplace Accident Statistics

According to the National Safety Council (NSC), falls are the second leading cause of unintentional injury-related deaths, with 46,653 fatalities reported in 2022. In the same year, according to labor statistics on slips and falls, 865 workers died due to falls, and hundreds of thousands suffered injuries severe enough to require days off work. [1]

The Bureau of Labor Statistics (BLS) reported 450,540 cases involving days away from work due to falls, slips, and trips in 2022. [2] In the construction industry, nearly one in five workplace deaths occurred in 2022, with 38.4% resulting from falls, slips, and trips. [3]

Data by the Department of Public Health in Illinois indicates that falls, slips, or trips resulted in 33 work-related fatalities in 2021, making them the second-most common fatal event at the workplace (16%).

Common Causes of Slips and Falls at the Workplace

Workplace slip and fall accidents often stem from preventable hazards.

For instance, hazards like spills, leaks, or water tracked in from rain can create slippery surfaces that lead to falls. In winter, icy sidewalks and parking lots are particularly dangerous. Poor maintenance, such as failing to repair leaks or clean up spills promptly, contributes significantly to these risks.

Obstacles like tools, boxes, or debris left in walkways increase the chances of a slip or trip. Uneven flooring, torn carpeting, and loose tiles are also common culprits. Dim or inadequate lighting makes it harder for workers to see hazards like uneven steps, wet floors, or clutter.

Finally, workplaces without clear safety protocols are more prone to slip and fall accidents. For instance, failing to place warning signs around wet areas or neglecting to train employees on proper hazard reporting increases the likelihood of accidents.

Illinois Occupational Safety and Health Administration (OSHA) standards require employers to prevent workplace slip and falls and maintain safe premises by implementing effective protocols and providing employee training to mitigate risks.

Injuries Commonly Associated with Slip and Fall Accidents

Workplace slips and falls result in serious injuries that can significantly impact a worker’s life and career.

Falls frequently cause fractures in wrists, ankles, or hips, requiring extended recovery periods. While less severe, sprains and soft tissue injuries often limit mobility and lead to missed workdays. A fall that results in a head injury may cause a traumatic brain injury (TBI), which can range from a concussion to long-term cognitive impairment.

Back injuries, including herniated discs or spinal fractures, are common in slip and fall accidents. In severe cases, spinal cord damage can result in partial or complete paralysis, permanently altering a worker’s ability to perform their job or carry out daily activities.

Severe slip and fall injuries may lead to permanent disabilities, preventing workers from returning to their previous roles.

The physical toll of these injuries is only part of their impact. Workers often face significant medical expenses, ongoing therapy, and lost wages due to their inability to work. The emotional strain of recovery and the potential for a diminished quality of life add further challenges.

The Illinois’ workers’ compensation system is designed to assist employees in managing these difficulties by covering medical care, wage replacement, and rehabilitation when a slip and fall accident occurs. However, navigating the system often requires legal guidance to secure all benefits.

What to Do if You Slip and Fall at Work

If you experience a slip and fall accident in the workplace, taking immediate action is crucial to protect your health and your ability to receive workers’ compensation benefits. Here’s a step-by-step guide:

• Report the Incident to Your Employer: Reporting the incident promptly is essential to ensure your eligibility for workers’ compensation. Be sure to provide details about where, when, and how the accident occurred.
• Seek Medical Attention and Document Your Injuries: A medical professional can evaluate your condition and document your injuries, which will serve as critical evidence for your claim. Keep records of all medical treatments, including the emergency room, doctor’s visits, prescriptions, and diagnoses.
• Gather Evidence: Take photos of the hazardous condition (e.g., a wet floor or uneven surface) that caused your fall. If there were witnesses, ask them to provide written statements or their contact information. This documentation can strengthen your case.
• File a Claim: Workers have a limited timeframe to file in Illinois, so acting quickly is critical. Your claim should include all relevant details about the accident, your injuries, and any evidence you’ve gathered.

Consulting a slip and fall injury lawyer can further protect your rights and guide you through the claims process.

Suing Your Employer for a Slip and Fall Injury

In Illinois, workers’ compensation insurance operates as a no-fault system, which means that those injured on the job are generally entitled to benefits regardless of who caused the accident.

While lawsuits against employers are rare, there are some exceptions where legal action beyond a workers’ compensation claim may be possible, such as:

• If an employer intentionally caused the injury or created a situation intending to harm the worker.
• If the accident was caused by a third negligent party—such as a property owner, contractor, or equipment manufacturer.

Determining whether you can take legal action beyond filing for benefits requires carefully reviewing your case. A Chicago slip and fall attorney from our team can evaluate your accident, identify potential exceptions, and guide you through the legal process.

Workers’ Compensation Benefits for Slip and Fall Injuries

Workers injured in a slip and fall accident are eligible for various benefits under the Illinois Workers’ Compensation Act. These benefits aim to assist employees in recovering physically, financially, and professionally after an accident.

• Medical Bills: Workers’ compensation insurance covers all necessary medical care related to the injury, including doctor visits, hospital stays, surgeries, physical therapy, and prescriptions. Injured workers should document their medical expenses carefully to ensure reimbursement and full coverage.
• Lost Wages: Workers unable to return to work due to a slip and fall injury may receive wage replacement benefits, which fall into several categories:
  • Temporary Total Disability: TTD provides payments to workers who cannot perform any work while recovering from their injuries.
  • Temporary Partial Disability: For workers who can return to work with restrictions or reduced hours while recovering, TPD benefits cover the difference between pre- and post-injury earnings.
  • Permanent Partial Disability: PPD is awarded to workers with lasting impairments that limit but do not completely restrict their ability to work.
  • Permanent Total Disability: PTD is awarded for injuries so severe that the worker is permanently unable to perform any job.
• Vocational Rehabilitation or Retraining: If a slip and fall injury prevents a worker from returning to their previous role, Illinois law provides for vocational rehabilitation services. This can include retraining programs or assistance in acquiring new skills to transition into a different job or career path.
• Death Benefits for Surviving Family Members: If a slip and fall accident results in a worker’s death, surviving family members, such as a spouse or dependent children, may receive death benefits. These benefits include financial assistance to replace the worker’s lost income and funeral and burial expenses reimbursement.

Establishing Fault for a Slip and Fall Accident

Although fault is not required for workers’ compensation claims, there may be instances where proving employer negligence is necessary, such as if the employer disputes the claim or in cases involving willful misconduct.

If a third party—such as a property owner, maintenance company, or equipment manufacturer—was responsible for the hazardous condition that caused the fall, the injured worker may file a third-party liability claim in addition to their workers’ compensation claim.

If necessary, evidence such as maintenance logs, witness statements, or photos of the hazardous condition can help establish negligence.

Third-party slip and fall cases differ from workers’ compensation regarding what can be recovered. They may allow the injured worker to seek additional damages, such as pain and suffering or loss of enjoyment of life, which are unavailable through workers’ comp.

Navigating these complexities often requires the assistance of an experienced workers’ compensation lawyer, who can assess your case, determine if fault plays a role, and ensure you receive full compensation.

The Role of a Slip and Fall Workers’ Compensation Lawyer

Falls result in a loss of income, financial hardship, and, in most cases, workers’ compensation. While workers’ compensation insurance is designed to be straightforward, the employer or the insurance company may deny claims, delay payments, or offer inadequate settlements. A Chicago workers’ comp attorney from our team can help by:

• Ensuring all documentation, medical records, and evidence are submitted accurately and on time.
• Fighting for coverage of all medical bills, wage replacement, and additional compensation for long-term disabilities.
• Representing you in hearings or negotiations if your claim is unfairly denied or undervalued.

At Rosenfeld Injury Lawyers, we have extensive experience handling Illinois workers’ compensation cases involving slip and fall injuries. We provide personalized guidance throughout the process, from gathering evidence to negotiating with insurance companies. Our goal is to alleviate the stress of pursuing compensation, so you can focus on your recovery.

The Time Limits for Taking Legal Action

Illinois workers’ compensation laws impose strict time limits for filing a claim, making it critical for injured workers to act quickly after a slip and fall accident occurs. You have:

• Forty-five days of the accident to notify your employer.
• Three years from the date of the injury to file your claim with the Illinois Workers’ Compensation Commission (IWCC).

In third-party liability cases, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident.

Failing to meet these deadlines may result in losing your right to seek benefits.

Contact a Slip and Fall Workers’ Comp Attorney Today!

At Rosenfeld Injury Lawyers, we understand how overwhelming it can be to deal with medical bills, lost wages, and the challenges of recovering from an injury.

We offer free consultations and services on a contingency fee basis. Call (888) 424-5757 or fill out our contact form to take the first step toward securing the compensation you deserve.

References: [1] NSC, [2] BLS, [3] BLS, [4] Illinois DPH

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.