Legal Question in Workers Comp in Illinois
Fall at work
I fell down an entire flight of stairs at work. I am not sure how it happened, but my head smashed into a cement fall, and thats what stopped my fall. Both of my feet were bruised and sprained, my knees were skinned, bleeding, and bruised, I had a huge bump on my head, and now my thumb, at the base by my wrist is out of the socket. I type all day, am having to beg, borrow and steal for time off. Yes I am being forced to use FML AND I was told as my supervisor, a day or 2 later, advised the stairs weren't defective...they denied my Worker's Comp. Please help!
3 Answers from Attorneys
Re: Fall at work
Dear Sirs:
You may have a valid workmen's compensation case against your employer.
Please call our office to discuss your legal rights in detail.
Many thanks,
John C. Wunsch
Re: Fall at work
We can help you, but need to speak with you to learn more facts. The law is on your side.
If you would like our help pleae call us at 800-
517-
1614.
Yours truly,
Michael Helfand
Attorney at Law
www.findgreatlawyers.com
Re: Fall at work
You 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