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Employer liability / slipped on ice at work on stair Illinois

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  • Employer liability / slipped on ice at work on stair Illinois

    Hello,
    I have a question. Last week, Late Sat. night when I was leaving work. I slipped on a stair right outside the rest. door. I slipped and fell and twisted my ankle. Two of the kitchen workers heard me and actually had to help me up and back in the rest. Management was told and he went out to salt the stairs. At that time, it did hurt pretty bad, but it was late I just wanted to go home, and not make a big deal about it. ( I'm not a whiner.).
    Anyway, the next morning I came to work and thought it best to fill out an incident report. It was still hurting pretty bad, and I wanted documentation if needed in the future. I was off for 3 days ( my usual schedule, but on the 3rd. day, I called the OWNER and told him that I thought it was necessary to get it checked out. It had now become numb with occasional sharp shooting pains up my leg. He told me it was a city issue and wood not be covered by workmans comp. I told him I didn't understand why, but them left it at that. The next day at work (I have to work, even in pain, I am a server with no insurance). I am a tough girl, but there is something really wrong with my ankle. I had then asked for a copy of the incident report from my manager and had to wait to ask the owner the next day. Fri. I did ask the owner for a copy and he again stated that it was not his responsibility. That it happened outside the rest. "Everything past these brick walls is the city's responsibility, I was an insurance man, I know". I told him okay, but it happened on the stair that is actually WITHIN the walls, (It's like the step is indented in the wall). He said, yea, well, it's the city, and he couldn't get the copy for me then because his kids were in the office or something like that. That was Fri. night. Sat. I actually had to call in to work because I just couldn't even walk on it. Actually spoke with the owner when I did call in. He knew it was because of my injury. I had to go into work Sun. morning. (yes, still hurt, but I NEED to work, and I had my 3 days off starting on Mon.). Worked in pain the whole shift. My manager was aware of it, actually she is on "my side", knoews it's their resposibility, but we all know the way "they" (being the owners, man and wife, are).
    So, here it is Mon. Received information from the city that it is in fact the rest. responsibility. (which I kinda knew all along.) I really need to go to the doctor today, still hurts, still numbness, still shooting pains up my leg.
    After this long story, what it comes down to, is that I am afraid to present the owners with the bill and the "proof" that it is their responsibility for fear of being fired.( trust me, it's not impossible). I am not looking for some big payday, I just want the medical bills taken care of. I work this Turs, Fri, and Sat and sun. I'm sure I can make it though. But again, I would like to try and work before they take action against ME. (I honestly think they would).

    I guess the question is, how long can I wait to present them with the bills and "proof", that they are responsible? And, is there some written documentation somewhere that states what the city told me. "That the residence or business is responsible for maintaining the stairs and sidewalk aroung their property?
    Thanks for listening, PLEASE help.
    Jen
    P.S. A great holiday to all!!

  • #2
    Whenever an employee suffers an injury on property that is owned or maintained by someone else, or when off duty, it is questionable that WC applies. My advise is always to file the claim and let the ICs duke it out. You can not legally be terminated for filing a claim. You have 45 days from the date of the accident to do so, but I highly recommend that you do so as soon as possible.

    You can find out more about the WC process in your state here http://www.iwcc.il.gov/handbook.htm
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Things that happen "in the course of" your job are very often worker's compensation. If the city is in some way liable for all or part of the claim, then your employer's WC insurance carrier will subrogate the claim with the city's insurer. Your employer should definitely file a first report of injury with their WC insurance carrier. If your employer won't do this, then you can contact your State's WC Division and file the report yourself. They'll handle sending the report to the appropriate WC carrier.

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      • #4
        Just as a personal anecdote, when I worked in Missouri, I slipped on inside stairs in the building; the stairs were wet and slippery from people coming in and out from the snow. In my case, the claim was approved as WC. It may be different in your state, but I would definitely file the report/claim.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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