Fell in Your Office Lobby? Why That Might Not Be a Workers’ Comp Case

A workers’ comp vs. third-party lawsuit office building situation is often not either/or, because an injured worker may have both. Workers’ compensation can pay benefits regardless of fault but generally limits suits against your employer. If someone else, such as the building owner or a cleaning contractor, caused the hazard, a separate lawsuit may be possible.

Picture an employee walking into a downtown tower at 8:40 a.m. The lobby floor was mopped minutes ago, no sign is out, and her heel slides. She lands on her wrist before she ever reaches her desk.

Is a Fall in Your Office Lobby a Workers’ Comp Case?

It can be, but it depends on the facts. Workers’ comp covers injuries that arise out of and in the course of employment.

The Illinois Workers’ Compensation Act is generally the sole remedy against an employer for a work injury. A fall on a work errand or in a work-controlled area is more likely to qualify. A routine trip into the building before your shift can raise harder questions, so tell the insurer and the doctor exactly where and when you fell.

Can You Sue Someone Besides Your Employer?

Often you can. Workers’ comp generally does not stop you from suing a third party whose negligence caused your injury.

Illinois law preserves the right to pursue parties other than your employer who contributed to an injury in an office building, such as the landlord, the property manager, a lobby maintenance contractor, or a tenant who spilled something. A lawsuit may seek damages that comp does not provide, such as pain and suffering. At Slip & Fall Injury Lawyers, we start by asking who controlled the floor. Our page on wet floor slip and fall cases explains how we evaluate floor hazards.

Workers Comp vs. Third-Party Lawsuit Office Building: What Is the Difference?

Workers’ comp does not require proving fault but pays limited benefits. A third-party lawsuit requires proving negligence but may allow broader damages.

Workers’ comp covers medical care and a share of lost wages. A lawsuit must show the third party knew or should have known about the hazard, and it may include pain and suffering. If you were partly at fault, Illinois reduces your recovery, and you can recover only if you were no more than 50% at fault. Our pages on medical expenses and lost wages explain how to document your losses.

Who Gets Paid Back From a Third-Party Recovery?

Your employer or its workers’ comp insurer may have a right to reimbursement from a third-party recovery. This is called a lien.

Illinois law addresses how that reimbursement works, and it may account for attorney fees and costs. The details depend on your case, so ask a lawyer to explain the numbers before you settle either claim.

What if You Are a Visitor and Not an Employee?

Then workers’ comp likely does not apply to you through the building. A fall in an office lobby as a visitor, delivery driver, or client is often treated as a regular premises liability claim.

A delivery driver may also have comp through their own employer, so both kinds of claims can arise. Our slip and fall lawsuit guide explains the process.

What Deadlines Should You Know?

Illinois generally asks workers to report an injury to the employer within 45 days. Third-party lawsuits have their own deadline.

Workers’ comp claims are often filed within three years of the injury, with some exceptions. Many Illinois injury lawsuits have a two-year filing deadline under 735 ILCS 5/13-202, which can be shorter than the comp deadline. If a government building or entity is involved, shorter deadlines may apply. A lawyer can confirm which dates apply to you. Our page on how long a slip and fall case takes explains pacing.

What Should You Do After a Fall at Work?

Report it in writing, get medical care, photograph the scene, and keep a record of who owns and maintains the building.

If you can, name the building owner and cleaning company, and ask that lobby camera footage be saved. Our page on evidence in slip and fall cases lists more.

Workers’ Comp and Third-Party Claim FAQs

Legally Reviewed By
Attorney Jonathan Rosenfeld

The information on this page has been legally reviewed by Attorney Jonathan Rosenfeld, founder and managing partner of Rosenfeld Injury Lawyers LLC, a Chicago-based personal injury law firm. With decades of experience representing individuals injured in slip and fall accidents and other premises liability cases throughout Chicago, Mr. Rosenfeld is dedicated to protecting the rights of injury victims and helping them pursue the maximum compensation available under the law. His extensive legal knowledge and commitment to client advocacy ensure that the information provided is accurate, reliable, and aligned with current legal standards.

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