Compensation Following a Slip and Fall at Work in Chicago

Lawyers Handling Slip and Fall Cases at Chicago Workplaces

If you suffered a slip and fall at work in Chicago, Slip & Fall Injury Lawyers is here to help you recover what you’re owed. We focus exclusively on representing injured workers across the city and suburbs, including those hurt in warehouses, offices, restaurants, and construction sites.

Slip and fall accidents can cause long-term harm, and we understand how quickly medical expenses, lost wages, and stress can add up. Our team has the local insight and legal experience to handle your slip and fall case from start to finish.

Why Hire Slip & Fall Injury Lawyers

Hiring a top-rated slip and fall lawyer from Slip & Fall Injury Lawyers means putting your case in the hands of attorneys who understand how to win in Chicago workplaces. Our team is recognized by Super Lawyers and the Million Dollar Advocates Forum.

We have recovered millions for clients injured in workplace accidents, and we know how to deal with cases combining workers’ compensation, insurance adjusters, and third-party liability claims. Our goal is to fight for maximum compensation, and we don’t get paid unless you do.

Settlements & Verdicts Recovered by Our Chicago Slip and Fall Attorneys

At Slip & Fall Injury Lawyers, we’ve handled many slip and fall at work cases across Chicago, especially those involving construction sites where safety shortcuts lead to serious injuries. Our team knows how to investigate workplace accidents, identify third-party liability, and fight for the full value of a claim.

Construction Site Fall Leads to $2.6 Million Settlement for Injured Worker

Carlos, a 41-year-old union carpenter, was working on an active construction site in downtown Chicago when he slipped on unsecured plywood and fell several feet. He suffered severe knee injuries that required multiple surgeries, including a reconstruction, and left him with long-term mobility issues.

The general contractor had failed to implement proper site safety measures. Multiple contractors were involved, and third-party claims played a key role in increasing the case value. We secured a $2.6 million settlement, covering Carlos’s medical expenses, lost wages, and the impact the injury had on his ability to continue working.

What Causes Slip and Fall Workplace Accidents?

A slip and fall at work can happen in any industry, and in a city like Chicago, local conditions and building practices often increase the risk. In construction zones overseen by contractors for the City of Chicago, Chicago Transit Authority (CTA), or private developers, unsecured materials, uneven scaffolding, and missing fall protection are common causes. Manufacturing facilities in areas like the South Side or McCook Industrial Corridor often deal with slippery floors from oils, lubricants, or debris.

Healthcare workers at hospitals such as Northwestern Memorial or Rush University Medical Center face risks from wet floors, cluttered hallways, and hurried environments. Restaurant and hospitality staff in high-traffic areas like River North or The Loop often slip due to food spills, mopped floors, or loose mats. Even office workers in downtown towers owned by major property management firms can fall due to loose carpeting, broken tiles, or poor lighting.

Many of these workplace accidents stem from ignored hazards or negligence, leading to claims involving both workers’ compensation and third-party liability.

What Are Common Slip and Fall Workplace Injuries?

A slip and fall at work can lead to a wide range of injuries, some with lasting consequences. Broken bones are common, especially in the wrists, arms, and ankles, as workers instinctively try to break their fall. Head injuries, including concussions and traumatic brain injuries, often occur when there’s no time to brace for impact. Back injuries, herniated discs, and spinal damage are also frequent, particularly in falls from ladders or elevated surfaces.

In more severe cases, workers may suffer torn ligaments, knee injuries requiring surgery, or hip fractures, especially among older employees or those working in icy conditions outdoors. Internal injuries, dislocations, and deep bruising can also result from a fall accident, even if there are no visible injuries. These incidents often lead to costly medical treatment, time away from work, and the need to file a workers’ compensation claim to cover medical expenses and lost wages.

If you’ve suffered a slip and fall at work in Chicago, there are two main legal paths for financial recovery: filing a workers’ compensation claim and, in some cases, pursuing a third-party claim. These are separate avenues, and depending on how your fall accident occurred, both may apply. Here’s how each option works under Illinois law.

Workers’ Compensation

820 ILCS 305 requires most employers to carry workers’ compensation insurance, which provides benefits to employees injured on the job, regardless of who was at fault. This no-fault system allows an injured worker to receive medical care and wage replacement without having to prove the employer’s negligence.

Coverage applies to nearly all full-time, part-time, and seasonal employees, including those working in construction, hospitality, healthcare, and retail. Workers must report injuries promptly and follow specific procedures, including obtaining approved medical treatment in many cases.

If you were hurt in a slip and fall incident at work, filing a workers’ compensation claim is usually the first step to accessing benefits that can help cover your medical expenses and lost wages.

Workers’ Compensation Benefits

Illinois offers several types of workers’ compensation benefits for those injured in slip and fall accidents:

  • Temporary Total Disability (TTD): Wage replacement while you’re off work recovering and unable to perform any job duties.
  • Temporary Partial Disability (TPD): Partial wage replacement if you return to work in a reduced role with lower pay.
  • Permanent Partial Disability (PPD): Compensation if your injury results in permanent damage but doesn’t stop you from working entirely.
  • Permanent Total Disability (PTD): Lifetime benefits if you’re unable to work in any capacity due to your injuries.
  • Medical Expenses: Full coverage of reasonable and necessary treatment, including surgeries, rehab, and prosthetics.
  • Death Benefits: Compensation for surviving family members if the fall injuries result in death.

These benefits don’t cover pain and suffering or emotional distress. For that, you may need to explore a third-party claim.

Challenges and Limitations

While workers’ compensation covers most employees, there are limitations. Independent contractors, volunteers, and some gig workers may not be eligible. Employers may also dispute claims by arguing that the injury occurred outside the scope of employment or was caused by intoxication or horseplay.

Additionally, workers’ compensation benefits don’t cover non-economic damages like pain, emotional suffering, or loss of enjoyment of life. There’s also no option for punitive damages, even in cases where negligence clearly contributed to the fall incident.

For many injured workers, especially those facing serious injuries and long recoveries, these limitations make it necessary to explore other legal options, such as third-party claims, to pursue compensation.

Third-Party Liability Claims

If your slip and fall at work was caused by someone other than your employer or a co-worker, you may be entitled to file a claim against a third party in addition to your workers’ compensation claim. Unlike workers’ comp, which is a no-fault system, third-party claims are fault-based, requiring proof that another party’s negligence directly caused your injuries.

These cases are common on shared job sites, such as construction projects or large commercial buildings, where multiple contractors, vendors, or property owners operate in the same space. Common examples of third-party negligence include:

  • A property management company that failed to maintain a safe surface
  • A cleaning contractor who left wet floors without warning signs
  • A subcontractor at a construction site who created a hazardous condition

Illinois personal injury law governs these claims and follows traditional negligence principles. That means you must prove that the third party owed you a duty of care, breached that duty, and that the breach caused your injury, resulting in actual damages.

The major advantage of third-party claims is the broader range of compensation they provide. Workers’ compensation benefits are limited, mainly covering medical expenses and a portion of lost wages.

Proving Liability in the Slip and Fall Claims Process

To succeed in a third-party slip and fall claim, you must prove four essential elements: duty, breach, causation, and damages. These components form the foundation of personal injury law in Illinois and must be supported by credible evidence to prevail in court or settlement negotiations.

  • Duty: The third party must have owed you a legal obligation to provide a safe environment. For example, a property owner may have a duty to clear snow from walkways or fix broken stairs.
  • Breach: You must show that the third party failed to uphold this duty. This could be through action (e.g., leaving slippery materials on the floor) or inaction (e.g., failing to post warning signs about hazards).
  • Causation: It must be clear that the breach of duty directly led to your fall. If an unrelated factor caused your injuries, the third party cannot be held responsible.
  • Damages: Finally, you must prove that you suffered actual harm—such as medical bills, lost wages, or lasting impairments—as a result of the fall.

Evidence can make or break a case. This may include:

  • Witness statements from co-workers or bystanders
  • Photos or videos of the scene showing the hazard
  • Medical records documenting your injuries and treatment timeline
  • Maintenance logs or inspection reports that show neglect
  • OSHA safety violations or contractor reports

Timing is critical. The sooner you gather and preserve evidence after the fall accident, the better your chances of proving liability. A lawyer can conduct a detailed investigation, obtain records before they’re lost, and work with safety experts to strengthen your claim. This preparation is vital to securing maximum compensation in a third-party case.

Damages Awarded in Third-Party Claims

In a third-party claim, the goal is to recover compensation for both economic and non-economic losses caused by your slip and fall incident. Damages may include:

  • Medical expenses: This includes all costs related to treatment, from ER visits and surgery to physical therapy, medications, assistive devices, and any future care.
  • Lost wages: You can recover the full amount of income you lost while recovering from your injuries, not just the partial wage replacement provided by workers’ compensation benefits.
  • Loss of earning capacity: If your injuries prevent you from returning to your former job or reduce your long-term income potential, you can seek compensation for those future losses.
  • Pain and suffering: Unlike workers’ comp, a third-party claim compensates you for physical pain and emotional distress caused by the injury.
  • Loss of a normal life: If your injury affects your ability to enjoy everyday activities—like playing with your children, exercising, or walking without assistance—you can pursue damages for this diminished quality of life.
  • Permanent disability or disfigurement: If you suffer injuries that result in lasting physical damage, scarring, or a prosthetic requirement, these long-term impacts are also compensable.

Unlike workers’ compensation, which offers limited benefits, third-party claims provide the opportunity to seek full value for what you’ve endured. An experienced personal injury attorney can help you pursue compensation and secure compensation beyond what your employer’s insurance offers.

What Is the Average Payout for Slip and Fall Accidents at Work in Chicago?

Per Law.com, the average payout for slip and fall accidents at work in Chicago is $633,915, while the median payout is $405,000. This range reflects the wide variability in slip and fall accident claims, with values stretching from just over $10,000 to $3.5 million.

  • Several key factors affect the value of a claim, including:
  • Severity of the injuries (e.g., fractures vs. traumatic brain injuries)
  • Extent of medical treatment and future care needs
  • Lost wages and long-term disability
  • Whether the case ends in a settlement, verdict, or court decision
  • Strength of evidence showing employer negligence or third-party liability
  • Outcomes of workers’ compensation claims vs. personal injury lawsuits

The data also shows that most cases are resolved through verdicts and settlements, and the most common venue is Cook County, IL. While each fall case is different, working with an experienced slip and fall lawyer improves your chances of recovering fair compensation.

Example Cases in Chicago

$3.5 Million Settlement for Worker Injured in Fall on Icy Construction Floor

On December 6, 2007, Kevin Montgomery, 54, slipped on ice while moving plywood on the 61st floor of a construction site managed by Bovis Lend Lease in Chicago. He sued Bovis, alleging it failed to cancel work or remove snow and ice after poor weather.

The defense argued Montgomery was at fault and that another contractor was responsible for clearing the floor. Montgomery suffered aggravated lumbar injuries requiring two back surgeries and claimed permanent disability due to arachnoiditis. The case settled after trial arguments for $3.5 million, with a $1,038,926.50 workers’ compensation lien waived.

$2 Million Net Jury Award for Welder Injured in Fall from Improvised Step

In December 2001, Brian Budrik, a welder on the Hollywood Casino project in Aurora, fell while stepping off a metal plate using a wooden spool. He sued general contractor R.C. Wegman Construction and subcontractor Interstate Scaffolding, claiming there was no safe way down from the plate.

He suffered severe back injuries, lost wages, and required long-term treatment. The jury awarded Budrik $3,288,805 in damages but reduced his recovery to $2,039,059.10 due to comparative fault. Wegman was assigned 26% of the fault; Interstate Scaffolding was cleared.

$1.75 Million Settlement for Ironworker Who Fell on Wet Paint at CTA Site

On May 16, 2008, Dan Benak, 38, slipped on wet paint while walking on a beam 15–20 feet above the ground at the Irving Park CTA station in Chicago. He fell two feet into cables and later required lumbar fusion surgery. He sued general contractor James McHugh Construction and ERA Valdivia Construction, claiming poor work sequencing and a lack of warning signs.

Defendants argued the paint was an open and obvious hazard and questioned the extent of Benak’s injuries and lost wages. The case settled for $1,750,000, and a $600,000 workers’ comp lien was waived.

$1.15 Million Jury Verdict for Postal Worker Injured in Fall on Mossy Steps

On June 18, 2012, LaTarsha Hollins, 39, a mail carrier, slipped on moss-covered, wet steps while delivering mail at a Chicago residence. She alleged the homeowners negligently maintained the area and improperly positioned a sprinkler.

Hollins suffered a herniated disc requiring back surgery and claimed permanent nerve damage and inability to work. The jury found the homeowners 70% liable and awarded $1,150,368. Due to a high/low agreement, damages were capped at $500,000, the limit of the defendants’ insurance policy.

$1 Million Settlement for Cement Mason Injured by Slippery Surface at Jobsite

On November 12, 2009, Peter Filipos, 36, a cement mason, slipped on lubricant spray applied to facilitate equipment movement at a construction site in Evanston. He alleged negligence by contractor Elliot Construction and concrete supplier Ozinga Brothers.

Filipos suffered a torn rotator cuff, underwent surgery, and claimed he could no longer work in his trade. The case settled before trial for $1,000,000, covering medical costs, lost income, and permanent loss of normal life.

How to Strengthen Your Workplace Slip and Fall Case

Taking the proper steps after a slip and fall at work can make a significant difference in the outcome of your case. From protecting your health to preserving evidence, what you do immediately after a fall incident can directly impact your ability to recover compensation. Here’s what to focus on:

Seek Immediate Medical Attention

After a slip and fall at work, your health comes first. Seek medical attention immediately, even if symptoms seem mild. Prompt care creates a direct link between the fall accident and your injuries, which helps support your workers’ compensation claim or third-party liability case later. Always follow through with recommended medical treatment.

Report the Injury

Notify your employer right away after the fall incident. In Illinois, you typically have 45 days to report a workplace injury, but sooner is always better. Reporting the incident creates an official record, which becomes critical during the workers’ compensation process. Ask for a copy of the report for your records.

Document Everything

Take photos of the scene, your injuries, and any hazards that caused the fall. Get names and contact info of witnesses. Save your treatment records, receipts, and any correspondence with your employer or the insurance company. The more documentation you have, the stronger your slip and fall accident claim will be.

Consult an Experienced Personal Injury Attorney

A top slip and fall lawyer can guide you through the legal process, protect your rights, and help you secure compensation. Whether you’re filing for workers’ compensation benefits or a third-party claim, legal support is key to building a strong case. Most offer a free consultation to evaluate your options.

How Our Chicago Slip and Fall Lawyers Can Help with Your Workplace Accident Claim

At Slip & Fall Injury Lawyers, our top Chicago slip and fall lawyers handle both workers’ compensation and personal injury claims arising from workplace accidents. We start by investigating how your slip and fall at work happened—gathering medical records, witness statements, surveillance footage, and safety reports to build a clear case.

For your workers’ compensation claim, we manage the entire claims process, ensure you receive proper medical treatment, and fight for the full range of workers’ compensation benefits—including wage replacement and medical coverage.

If another party’s negligence contributed to your fall accident, such as a subcontractor or property owner, we will pursue a separate third-party claim for additional damages like pain and suffering.

We coordinate both claims to avoid delays and protect your rights at every stage. Our goal is to help you secure compensation that reflects the actual impact of your fall injuries.

How Long Do I Have to Seek Compensation for a Slip and Fall at Work?

If you suffered a slip and fall at work in Illinois, the timeline to seek compensation depends on the type of claim.

For a workers’ compensation claim, you must report the injury to your employer within 45 days and file a claim with the Illinois Workers’ Compensation Commission within 3 years of the injury or 2 years from the last payment of benefits, whichever is later (820 ILCS 305/6).

For a third-party liability claim, the statute of limitations is generally 2 years from the date of the fall accident (735 ILCS 5/13-202). Acting quickly protects your right to pursue compensation and helps preserve valuable evidence.

FAQs

What are the consequences of slip and fall injuries?

Slip and fall injuries can result in a wide range of medical issues, from sprains and fractures to more serious trauma like traumatic brain injuries or spinal damage. These injuries may require surgery, long-term physical therapy, or even lead to permanent disabilities. In many cases, the injured worker cannot return to their previous job, resulting in reduced earning capacity or early retirement.

Ongoing pain, emotional stress, and lifestyle changes can impact both work and daily life. The consequences are not just physical—they also involve substantial medical expenses, lost income, and the emotional toll of adapting to long-term limitations.

Can I sue my employer for a slip and fall at work?

Under Illinois law, most employees are covered by workers’ compensation, which is a no-fault system. This means that if you’re injured in a slip and fall at work, you generally cannot file a lawsuit against your employer, even if their negligence contributed to the incident. Instead, you’re entitled to workers’ compensation benefits like medical coverage and wage replacement.

However, if another party—such as a property owner, subcontractor, or maintenance company—was involved in creating the hazard, you may have grounds for a personal injury claim, which allows for broader damages, including pain and suffering.

How do I prove employer negligence?

Proving negligence typically isn’t necessary in a standard workers’ compensation claim, but it becomes relevant if your employer wrongfully denies benefits or if you’re pursuing a third-party claim. To establish negligence, you must show the employer failed to maintain a reasonably safe work environment.

This may involve a lack of safety protocols, ignored hazards, or failure to comply with OSHA standards. Strong evidence includes medical records, witness statements, inspection logs, and accident reports. An experienced personal injury attorney can help gather the necessary documentation to show that the employer failed to exercise reasonable care.

How much does a slip-and-fall lawyer cost?

At Slip & Fall Injury Lawyers, hiring a top-rated slip and fall lawyer is risk-free. We work on a contingency fee basis, meaning you pay nothing upfront, and we only get paid if we win your case. Our fees come out of your settlement or jury award, not your pocket.

We also offer a free consultation to review your situation, answer your questions, and explain your legal options. This approach allows you to focus on healing while we handle your slip and fall accident claim, negotiate with the insurance company, and pursue the compensation you deserve.

What is OSHA?

OSHA, or the Occupational Safety and Health Administration, is a federal agency responsible for ensuring safe working conditions in the U.S. OSHA sets and enforces standards for workplace safety, including rules about fall protection, hazard communication, and equipment maintenance.

Employers must follow these rules and provide safety training, personal protective equipment, and a hazard-free environment. Failure to comply with OSHA standards can lead to fines, inspections, or liability in workplace accident cases. In a slip-and-fall case, a violation of OSHA regulations may serve as evidence that the employer failed to maintain safe conditions.

Can workplace slip and fall injuries be prevented?

Yes—most slip and fall accidents at work are preventable through consistent workplace safety practices. Employers should implement routine inspections, ensure walkways are clean and dry, repair damaged flooring, and apply non-slip surfaces in high-risk areas. Posting warning signs, enforcing fall protection policies, and offering regular training help employees recognize and avoid hazards.

Maintenance teams should be equipped to address spills, leaks, or icy conditions promptly. By following OSHA guidelines and promoting a culture of safety, employers can significantly reduce the risk of fall incidents and protect workers from injuries.

Book a Free Consultation with a Chicago Workplace Slip and Fall Lawyer Near You!

If you were hurt in a slip and fall at work, don’t wait to get legal help. At Slip & Fall Injury Lawyers, we offer a free consultation to review your case and explain your options. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you.

Whether you’re filing a workers’ compensation claim or pursuing a third-party case, our experienced fall attorneys are ready to fight for your recovery. Contact us to speak with a top Chicago slip and fall lawyer.

Client Reviews

I am thrilled with how the team handled my trip and fall case. They hired an investigator to go out to the scene and take photos of the area to demonstrate a defect with the stairs. I could tell from the start...

Anthony W.

Extremely professional group of attorneys. They answered my questions and always responded to my phone calls. At the end of the day, they definitely recovered more money for my case than I feel like I could...

Debbie R.

After breaking my leg at work, I thought I had a straightforward slip and fall case. I was very wrong. Mr. Rosenfeld and his associates really handled everything for me in terms of getting my medical treatment...

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