Workplace injuries are a common occurrence in the United States. A report published by the Bureau of Labor Statistics showed that around 2.9 million nonfatal workplace illnesses and injuries took place in 2016 alone. One of the most common work-related injuries is caused due to a slip and fall in the parking lot at work. These injuries mostly occur when an employee is either entering or leaving their workplace. If an employee sustains an injury in an employer’s parking lot, they may qualify for workers’ compensation. However, law pertaining to injuries in the parking lot at work is quite complicated and varies from one state to another.
Injuries in the Parking Lot at Work in Illinois
In Illinois, injuries sustained by an employee during their respective non-working hours i.e. before clocking in and after clocking out are not covered by workers’ compensation. However, there are some exceptions to this rule, and parking lot exception happens to be one of them.
The Workers’ Compensation Act under Illinois law allows recovery for slip and fall accident in the parking law at work. The rationale behind this legislation is that once an employer provides parking space to its employees, it is deemed as part of the employer’s premises.
Contrary to the popular belief, there is no requirement for an employer to own the parking lot. In 1962, The Supreme Court of Illinois passed a ruling that the ownership of parking lot is immaterial and does not play a role in determining whether or not the compensation should be paid.
There is another misconception that an employer must have control over or maintain the parking space. However, that is not the case because as per the law, if an employer offers parking space to their employees which is customarily used by employees, then the employer is responsible for control and maintenance of the parking lot.
However, the outcome of the case is highly dependent upon the circumstances as well. For instance, if an employee is carrying work related equipment or perhaps rushing due to work-related chores, this may also play a crucial role in the final verdict.
If you have sustained an injury in the parking lot at work and are looking to obtain rightful compensation, it can be highly beneficial for your case to acquire services of an experienced personal injury lawyer. Your attorney will protect your legal rights throughout the litigation process.
A seasoned personal injury lawyer will devise a strong case in your favor by establishing facts and gathering evidence related to your claim, allowing you to seek maximum compensation for your pain and sufferings. Using their vast experience and fine negotiation skills, a skillful personal injury lawyer may be able to negotiate a favorable settlement offer, allowing you to skip the tedious process of trial.
If you wish to find out more about this topic or schedule a free consultation, contact the offices of Robert Edens at (847) 395-2200 to speak with an experienced personal injury lawyer.