Eames Law Group Wins Reversal on Appeal for Client Injured in Public Parking Lot

April 20, 2020

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Brent Eames

We are happy to report another hard-fought victory at trial for one of our clients. Our office recently filed a work comp claim for a client who suffered a slip-and-fall injury in a parking lot next to her workplace while returning to work from a lunch break. After reporting the accident, she was fired the following week, and her employer refused to pay for any related work comp benefits, including proposed spinal injections and other related medical expenses, or temporary total disability benefits while our client was unable to work. Her employer argued that she did not qualify for work comp benefits, because the parking lot was a public lot not owned or maintained by the employer. Thus, the employer argued that as a matter of law, our client’s accident did not arise out of, nor occur in the course of her employment for purposes of qualifying for work comp benefits.

After benefits were denied by the insurance company, Brent Eames took the case to trial. At trial, the Arbitrator ruled for the employer, finding that this accident did not qualify for work comp benefits as a matter of law. Attorney Eames immediately filed an appeal of the Arbitrator’s decision, arguing that even though the employer did not own or maintain the public parking lot, they exercised enough control over the lot in order to trigger the protections of the Illinois Workers’ Compensation Act. By a vote of 2-1, the reviewing panel of Commissioners agreed with Attorney Eames and overturned the Arbitrator’s decision, awarding all owed benefits to our client. These benefits included over $20,000.00 in owed temporary disability benefits, thousands in unpaid medical bills, and an order requiring the employer to pay for all future medical expenses, including proposed spinal injections from our client’s treating medical providers.

Work comp accidents in parking lots are very common, and resulting claims for work comp benefits are frequently disputed by employers and insurance companies. However, if you can offer evidence that your employer exercised control over the parking lot, and/or exercised control over you by directing you to park in that parking lot, you may be able to win a claim for work comp benefits even if your employer does not actually own the parking lot. It is always worth it to immediately contact an experienced work comp attorney at Eames Law Group, Ltd. to discuss your rights and put yourself in the best position to fight for your benefits.

Eames Law Group, Ltd. never stops fighting for our clients, and we will aggressively push cases to trial in order to obtain justice when insurance companies attempt to trample on the rights of our clients.  If you have been injured, you should contact Brent Eames for a free consultation to discuss your legal rights.

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. 

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