Employees can become injured on the job in a number of ways and when an employee is injured on the job, he or she is entitled to workers’ compensation benefits through his or her employer’s insurance company regardless of who was at fault for the accident. In some cases, however, a party other than the employer or employee may be to blame for the accident. In these cases, a third-party action may also be brought against the negligent party in a personal injury lawsuit. For instance, if an employee is injured in a slip and fall accident while on the job due to the negligent or intentional conduct of someone other than the employer, that third party may also be liable in a premises liability lawsuit.
Under the theory of premises liability, the owner or occupiers of a property are liable for accidents and injuries that occur on their property. Property owners, operators and managers have a duty to exercise reasonable care to maintain the premises to protect lawful visitors, such as employees entering the building to perform services.
In certain situations, an injured employee may be entitled to both workers’ compensation and a premises liability claim. For instance, if a cleaning person is injured in a slip and fall accident while cleaning an office building due to the negligence of the property owner or manager, the worker may be entitled to workers’ compensation through his or her employer but, in addition, he or she may also be able to pursue a premises liability claim against the building owner or manager.
Premises liability is a complex area of law, however. There are a number of defenses available to defendants. For instance, a defendant may be able to avoid liability if the hazardous condition was noticed (or should have been noticed) by a customer, the plaintiff had a duty to protect himself or herself against the injury, or if the hazardous condition happened so recently that there was no reasonable opportunity to remedy the condition.
If you have been injured on the job in a slip and fall accident, you may be entitled to more than just workers’ compensation benefits. Premises liability is an extremely complex area of the law, however, and you can greatly benefit from the legal advice and guidance of an attorney that understands both workers’ compensation and personal injury laws. The respected Chicago personal injury law firm of Ankin Law Offices, LLC is well-versed in both workers’ compensation and personal injury cases, including those involving slip and fall premises liability theories. If you or a loved one has been injured in a slip and fall accidents while on the job, contact the knowledgeable Chicago workplace premises liability attorneys at Ankin Law Offices to schedule a free consultation to learn more about how we can help you with your workers’ compensation and personal injury claims.