Falls are the single most common cause of workplace injuries in Illinois, and they range from minor trips that result in a sore knee to catastrophic falls from heights that cause permanent disability or death. What most workers don't realize is that every fall at work — no matter how it happened — is covered by workers' compensation. You don't have to prove your employer was at fault. You just have to prove it happened at work.
Let me walk through the most common fall scenarios we see. Slip-and-fall injuries happen when a floor is wet, greasy, or icy, or when there's a spill that wasn't cleaned up. Trip-and-fall injuries happen when there's a cord, an uneven surface, debris, or a raised threshold that catches your foot. Fall-from-height injuries happen when a worker falls from a ladder, scaffold, roof, or elevated platform. Each type of fall can cause serious injuries — broken bones, head injuries, spinal cord damage, torn ligaments, and herniated discs.
Here's what I want workers to understand: if you fall at work and you're hurt, report it immediately. Don't brush it off because you're embarrassed. Don't assume it's minor and it'll go away. I've had clients who tripped over a pallet at work, felt a twinge in their knee, kept working, and ended up needing knee replacement surgery a year later. Because they reported the injury immediately, their workers' comp claim was strong. If they hadn't reported it, the insurance company would have argued the knee problem was unrelated to work.
Another important point: if your fall at work was caused by a condition that a third party — not your employer — created or failed to fix, you may have a third-party liability claim in addition to workers' comp. For example, if you fell because a subcontractor left equipment in a walkway, or because a property owner failed to maintain a safe floor surface, you can pursue a separate personal injury lawsuit against that third party. Third-party claims are not limited by the workers' comp benefit structure and can result in significantly more money.
If you fell at work and you're dealing with the insurance company, call us at 312-500-4500. We'll make sure you're getting every benefit you're entitled to — and we'll look for third-party claims that could increase your recovery.
Slipping or tripping doesn’t just happen to stockboys at the local grocery store. It can happen at a big-time construction project, or on the way to the office break room. All it takes is a loose piece of carpet or something laying around where it shouldn’t be.
Some employees may fall and get right back up, no harm no foul and no workers comp injuries. Others can suffer serious injuries, which come with an even more serious price tag. In fact, the BLS reports that “Slips, trips and falls accounted for about 27 percent of cases involving days away from work in 2014.”
A trip walking on level ground is one thing, a fall from heights is a whole other story. You don’t necessarily have to worry about this one if you run an accounting firm on the 5th floor. You should be concerned if your guys are the ones who clean the windows up there, though.
Falling from multiple stories are the most extreme case, but there are other risks in this category. A person who falls from a ladder getting something from the backroom to bring on a sales floor is eligible for work injury compensation.
The same goes for roofers who slip while finishing up a project, or an electrical employee wiring stoplights.
Most employees feel sluggish from sitting in just a few hours and will often take a break to walk around. Hopefully, they don’t walk into something. They may not notice the delivery cart in the hallway or the misplaced piece of equipment on a worksite.
Wherever your work takes place, always try to have a clear path. The least that could happen is a small bruise from hitting a dolly or a door. The worst, though, is more concerning than a work injury compensation claim.
Another injury employees are at risk of is overexertion. This is the cause of pulled or strained muscles from pushing the body past its limits. It can happen when lifting something heavy with incorrect form, or pushing a cart down the hall.
In addition to falls, overexertion and impact injuries (from moving equipment), account for the majority of accidents in the workplace. And that’s regardless of industry. That being said, construction workers do tend to take on the most risk when it comes to workplace safety.
Be aware, an employee doesn’t always have to be doing something directly related to their role in order to claim this kind of work injury compensation. Is your account manager helping move new furniture? Did a producer try to help the set team break something down?
What matters is if the injury happened on the job, not if it’s part of the job description.
Speaking of job descriptions, some people are so good at what they do that it almost feels natural. Writers can pretty much type with their eyes closed. Personal trainers have a handful of routines ready for any workout space and so on.
Although this is great for productivity, it can cause harm to the body. Repetitive motion injuries are what happens when muscles wear down from being used too much. You can try to offset their effect by encouraging breaks. Still, this injury is bound to happen from time to time.
Have you ever tried to avoid something, only to have it happen anyway? That’s the basic example of a reaction injury. This kind of harm occurs when an employee is trying to avoid danger but still gets hurt. They are harder Workers Comp injuries to prove, but are probably still valid.
He or she may jump out of the way of an incoming danger, only to run into something else. Or, their body might tense up and cause a strain on muscles – often in the neck or back area.
Although reaction injuries are a possibility, it sometimes pays to have good reflexes. Falling objects can cause a workplace injury in many fields. A heavy wire can slip on an entertainment set, a heavy piece of home decor can tip over in a stock room and more.
As such, it’s important to train employees to be alert and act with caution.
For anyone working on special equipment, proper training is particularly necessary. Otherwise, you’re leaving employees at risk to get injured. Machines are used in factories, for on-site projects and many things in between.
Despite their efficiency, they come with a noteworthy level of potential harm. Make sure everything is working properly before tackling the day’s work. Also, remind your team to check their clothing and go over protective measures.
It might sound tedious, but better to be safe than sorry. Here are some things that can happen otherwise:
OSHA reported that in 2015, 21.4 percent of worker fatalities occurred in construction. Predictably, the most frequently cited OSHA standard violated was protection against falls. Fall protection is followed by:
Workers Comp fall protection includes wiping up spills, even if they seem minor. It also includes using the proper caution signs to warn people that floors may be slippery. It’s simple, but slips and falls consistently remain at the top of the injury list for workers across the United States.
However, workplace injuries are not just confined to construction sites and factory floors. Per the Bureau of Labor Statistics, the three industries with the most cases of injury and illness in 2014 were hospitals, schools and restaurants.
Despite these scary statistics, workplace injuries are sometimes not taken seriously. Especially in industries that are perceived as less dangerous. If you work in any of those industries and your employer is refusing to pay, you should talk to a Chicago Workers Comp lawyer.
You need the experience and expertise of a Chicago Workers Comp lawyer to ensure you receive the benefits you’re owed. Regardless of industry, you work hard and put yourself at risk every day.
Your work and dedication should be returned when your job ends up leading to an injury or illness that keeps you from work.
Sometimes, when a person has a fall when they are ‘on the clock,’ they have a potential Workers Comp case as well as a third-party case against the person or company that caused the dangerous condition.
Almost always — workers comp covers injuries that arise out of and in the course of employment. A fall that happens while you're doing your job, on your employer's premises during work hours, is the clearest possible workers comp case. The analysis gets more complex for falls during breaks, on commutes, or at off-site locations. But the general rule is that if you were doing something related to your job when you fell, it's covered. Don't assume a fall isn't covered without talking to an attorney.
What are the most common fall injuries at work in Illinois?
Back and spine injuries — disc herniations, compression fractures, and soft tissue injuries — are the most common. Hip fractures, particularly in older workers. Wrist and arm fractures from catching yourself as you fall. Knee injuries. Head injuries and traumatic brain injury from falls from height. Shoulder injuries. Falls from ladders, scaffolding, and elevated surfaces produce the most catastrophic injuries. All are covered by Illinois workers comp, and all require proper medical documentation and legal representation to maximize your recovery.
Generally no — workers comp is the exclusive remedy against your employer for work injuries in Illinois. But if a third party contributed to your fall — a building owner who isn't your employer, a subcontractor, a product manufacturer whose defective equipment caused the fall — you can bring a civil lawsuit against that third party. Civil claims allow recovery for pain and suffering that workers comp doesn't cover. I evaluate third-party liability in every workplace fall case as a matter of routine.
Report it to your supervisor in writing immediately. Get medical treatment — for a fall from height or any significant impact, go to the ER. Document the scene with photos if you can safely do so, or have a coworker do it. Identify witnesses and get their contact information. Do not give a recorded statement to the workers comp insurance adjuster before speaking with an attorney. Call me at 312-500-4500 — the earlier I'm involved, the better position you'll be in.
Would you like to know more about workers comp fall at work?
If you or a loved one is dealing with a situation like this, give us a call any time, day or night. We are here to help. 312-500-4500
Scott DeSalvo founded DeSalvo Law to help injured people throughout Chicago and surrounding suburbs. Licensed to practice law in Illinois since 1998, IARDC #6244452, Scott has represented over 3,000 clients in personal injury, workers compensation, and accident cases.
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