Legal Question in Workers Comp in Illinois
fall at work
I fell down an entire flight of stairs at work. I went head first, and my head hit a cement wall, and that stopped my fall. Due to the fall, my head had a huge bump, that had to be CT scanned. Both of my feet were sprained, bleeding, and bruised. Also, my thumb at my wrist is out of its socket, and I may have to have the joint replaced. I was told by WORKER'S COMP, that I was denied, as my supervisor, 2 days later, inspected the stairs, and did not find them defective. I am now being forced to use FMLA and STD for coverage. Do they have any right to deny me compensation, the bills are slowly adding up. Thank you
2 Answers from Attorneys
Re: fall at work
Generally you are entitled to receive WC benefits if your injury was the result of a work related activity. From what you say, it appears that WC should not have been denied. However, the devil is in the detail and it is hard to know exactly why you have been denied without looking into your case in more detail including talking to the WC insurance and discussing their position.
Even if you do not call my office, you should speak with an attorney and have him or her look into your case. Remember that the WC insurance and your supervisor and employer are not on your side (big surprise) and will do anything they can to shortchange you so do not trust anything they say.
I hope this helps-
Re: fall at work
ou have what is called an "unexplained fall" or what the insurance company refers to as an "idiopathic" fall.
If you allow the insurance company to take your recorded statement without an attorney, they will very likely lead you into saying that you "tripped over your own feet" and that there were "no defects on the stairs".
You will then be left with the difficult task of explaining to an Arbitrator how this fall "arose" out of your employment.
The insurance company will claim you were not exposed to a risk greater than the general public, your work did not cause the accident; and as such, your injury is not compensable.
My office has handled a lot of these cases and unfortunately your injury needs to be greater than "bumps and bruises" to warrant the amount of litigation it is going to take to get the denial overturned by the Commission.
The situation certainly is not hopeless but will require experienced and aggressive attorneys.
Good luck and let me know if you need any additional assistance,
Matt Belcher
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
