What to Do if You Slip and Fall at Work

Slip and fall accidents, such as falling on construction debris at a River North worksite, can lead to long-term disability and high medical bills. Our top-rated personal injury attorneys will guide you through what to do if you slip and fall at work, including how to claim your workers’ compensation benefits. Contact us today for a free consultation about workplace injury claims. 

Seek Medical Attention Immediately

You should get medical treatment as soon as possible after a slip and fall accident occurs. Not only does medical care ensure that you haven’t suffered a serious injury like a traumatic brain injury, but it also produces medical records that can verify your workers’ comp claim. 

Visit the closest emergency room, such as UI Health or UChicago Medicine, for prompt treatment. This is especially important if you believe you’ve suffered head trauma. Be sure to request copies of your medical treatment records so that we can include them in your demand letter. 

Notify Your Employer and Obtain an Accident Report

In Illinois, you have 45 days to report a work-related injury if you want to make a workers’ comp claim (820 ILCS 305/6(c)). However, you should report the incident to your employer as soon as possible so that they can fix any potential hazards and protect other employees. 

While it’s legal to report verbally, you should get a written work accident report, as this can support your claim and protect your legal rights. Ensure you keep a copy for your records and verify that your message was received. 

The Occupational Safety and Health Administration also collects statistics on such accidents, which are then used by other government agencies, such as the Bureau of Labor Statistics. They require that employers report a fatality within 8 hours and any inpatient hospitalization within 24 hours. 

Collect Evidence from the Accident Scene

Workers’ compensation cases are no-fault, so your law firm does not need to prove negligence. Regardless, the insurance company will need evidence that your injury claim is directly related to your employment. Additionally, you may also choose to seek legal redress through a personal injury claim, which does require you to gather evidence.

Take photos and videos of the scene where the incident occurred, and gather witness statements from those who saw the slip-and-fall accident. Ensure you gather evidence, such as spill cleanups in the area or insufficient lighting. Our legal team can secure surveillance footage and accident reports from the company to validate your statements. 

Document Your Slip and Fall Injury

While your medical reports will show your injuries, you also need to demonstrate how the slip and fall accident has impacted your overall well-being and life satisfaction. Document your medical expenses, including things like rehabilitation services or transportation needs. 

You should also take photos of your healing process and keep a diary of your pain levels, lost time with loved ones, or being unable to enjoy your hobbies. For example, you can show photos before and after the accident to demonstrate how it has impacted your everyday life and note things that you can no longer do, like bending over or walking downstairs. 

Don’t Speak to the Insurance Company on Your Own

The insurance company does not want to pay your workers’ compensation claim and will do everything possible to diminish your damages. For example, they tell injured workers that their accident wasn’t directly related to their employment or that they were not as badly hurt as they say.

Anything you say to an insurance adjuster or other third person could be used to deny your workers’ compensation. Do not speak to them without your personal injury attorney present. 

Consult a Slip and Fall Lawyer

A slip-and-fall law firm can thoroughly investigate your case and accurately evaluate your damages, such as medical bills and lost wages. Additionally, they can handle the complex process of negotiating with the relevant insurance agency and communicate with third parties, like your employer, so that you can focus on your recovery.

Our firm works on a contingency fee basis, meaning that you owe us nothing unless we earn you a settlement or a positive verdict in court. This means that everyone can afford high-quality legal help, even if they’re not currently working.

File a Slip and Fall Claim

You have two options when it comes to securing compensation for your injuries. The first is workers’ compensation, a type of insurance that employers maintain for workplace injuries. This is a no-fault system that is available for full-time, part-time, and seasonal employees, but not gig workers or independent contractors.

On the other hand, you could pursue a personal injury lawsuit. You cannot sue your employer, but you could sue another party, such as a manufacturer, fellow worker, or property owner. While a civil suit may offer more compensation, you may also receive nothing if the case goes to court and the jury decides against you.

Our attorneys can help you decide which system to file through and guide you through the entire process. 

FAQs

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

Typically, no, as workers’ compensation is meant to be the primary system through which workers can have their expenses covered after a work-related accident. You normally cannot receive workers’ comp and a personal injury settlement from your employer. 

However, you can file a personal injury lawsuit against a third party, such as a subcontractor, property owner, manufacturer, or private individual. We will investigate your accident and determine whether there may be other liable parties. 

How long do injured workers have to file a workplace slip and fall injury claim?

Through workers’ compensation, you have three years after the slip and fall accident, or two years after your last paycheck from the company (820 ILCS 305/6(d)), whichever is later.

A personal injury lawsuit has a time limit of two years after the date of the accident (735 ILCS 5/13-202). It’s crucial that you consult a lawyer quickly to ensure we have time to file your case. 

Can I file a workers’ compensation claim for a slip and fall accident?

These are regulated by the Illinois Workers’ Compensation Act, which states that employees can file for workers’ comp if they are injured in the course of their employment (820 ILCS 305/).

It is crucial that the injury be directly related to your employment. The Illinois Supreme Court ruled in McAllister v. Illinois Workers’ Compensation Commission that something like a knee injury could be ruled as related to employment if the worker was exposed to a higher risk of certain injuries as a course of their employment. 

For slip-and-fall accidents at work, this typically means something like falling while working in construction, slipping on a wet floor while stocking groceries, or falling on ice while doing property management. It must be demonstrated that you were hurt while performing your primary duties and that the injury would not have happened if you weren’t working. 

You cannot file for workers’ comp if the given company does not directly employ you. For example, independent contractors and gig workers are not typically eligible to use this insurance if they are contracted by another firm. 

Expert Legal Help & Free Consultation

Our slip-and-fall attorneys have over 100 years of combined legal experience and a Super Lawyers rating, representing the highest mark of trust in the legal field. We work on a contingency fee basis, so our attorney fees are deducted from your settlement. This means you owe us nothing unless we win your case. Contact us today for a free consultation about your workplace slip and fall accident.