It’s that time of year again! With snow and ice coming back into the forecast, one of the most common questions that we get from our clients is whether workers’ compensation in Illinois covers accidents in the parking lot as a result of slipping and falling on ice and snow. The answer is yes, it can! However, it will always depend upon the particular facts and circumstances of each individual case, and several important factors, including whether the parking lot was owned by the employer, whether the employer exercised control or dominion over the parking lot, and whether the parking lot was a route required by the employer. Keep reading to learn more from Eames Law Group, who are frequently recognized as among the best work comp lawyers in Chicago, and the best workers compensation attorneys in Illinois.
Not all parking lot injuries will qualify for workers’ compensation benefits in Illinois. To qualify for Illinois work comp., the injury must have resulted from some risk connected or incidental to the employment. An injury is not compensable unless it is causally connected to the employment, and where liability has been imposed, the injury occurred either as a direct result of a hazardous condition on the employer’s premises or arose from some risk connected with, or incidental to, the employment. Accidental injuries sustained on the employer’s premises within a reasonable time before or after work arise in the course of employment. Where the claimant’s injury was sustained as a result of the condition of the employer’s premises, courts have consistently approved awards of compensation, including cases in which claimants fell in employer’s ice-covered parking lots.
The location of the injury within the parking lot or employer’s premises is also significant. Illinois courts have denied compensation where accidents occurred on public ways between employer parking lots and the workplace, even when the employer had arrangements for employee parking. Generally, in order to determine whether a particular accident will qualify for benefits, the Commission will look to whether the parking lot was owned by the employer, whether the employer exercised control or dominion over the parking lot, and whether the parking lot was a route required by the employer. If these factors are all present, then a slip and fall on ice or snow within a reasonable time before, during or after work should likely qualify for Illinois work comp. benefits.
A fall on ice in an employer’s parking lot can qualify for workers’ compensation benefits under Illinois law when the parking lot is maintained by the employer for employee use, the injury results from hazardous ice conditions on the premises, and the accident occurs within a reasonable time before or after work. The parking lot exception to the general premises rule provides coverage for such injuries, recognizing that employees using employer-provided parking facilities are exposed to risks connected with their employment. However, the specific facts and circumstances of each case will determine whether the injury truly arises out of and in the course of employment as required by Illinois law.
At Eames Law Group, we practice exclusively in injury law and injury claims for plaintiffs and injured workers. We handle both personal injury cases for car accidents, as well as workers’ compensation claims. Eames Law Group, Ltd. never stops fighting for our clients, and we have frequently been recognized as a top Workers’ Compensation Attorney in Illinois. If an insurance company has denied your work comp claim or refused to pay work comp benefits, you owe it to yourself to contact a top Workers’ Compensation Attorney in Illinois to discuss your rights. Our firm has been elected to state leadership positions in the area of work comp law, and frequently lectures to other attorneys regarding law, and trial strategies in Illinois work comp cases. If you have been injured, you should immediately contact Brent Eames for a free consultation to discuss your options.
The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Eames Law Group, Ltd.
