Is worker’s compensation the only claim I'm entitled to if I fell into a manhole while at work? 4 Answers as of September 26, 2016

I work the night shift at my job (10pm-630am). My job consist of picking up trash throughout the area we have. As I was doing so, I fell in a manhole (look like an uncovered drainage) and injured my right knee badly. I am going through therapy and in the process of a surgery.

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Law Offices of Henry Repay
Law Offices of Henry Repay | Henry Repay
As far as your employer, yes, you are likely limited to workers' compensation. The question is whether you would have a third-party claim. Was this manhole something that was at your place of employment? Was anyone else responsible for its condition? Is there any argument it was defective? Regardless, there is not any way you will do well without counsel. Your fees on the workers' compensation aspect are set by statute and you are highly encouraged to have representation from the outset since each statement you make, each doctor's visit, ..., will impact your ultimate claim. Pull together your records as best you can. If it is possible to photograph the site of the manhole from various directions and angles, you should do so. If possible, include daylight pictures, as well as pictures that would show similar lighting and weather conditions to what they were at the time of the accident. Set a consultation. In analyzing your workers' compensation claim, other possible claims will be considered. One will, however, offset against the other. So, you would gain something if you are not limited by the structure of workers' compensation, but you will not be collecting from two different sources without an adjustment.
Answer Applies to: Illinois
Replied: 9/26/2016
Candiano Law Office
Candiano Law Office | Charles J. Candiano
NO! You also have an action against the city/town/utility. Do NOT wait. You may have a 180-day Notice requirement if you are suing a municipality.
Answer Applies to: Illinois
Replied: 9/26/2016
Mark G. Patricoski, P.C. | Mark G. Patricoski
It depends on the location, ownership, and control of the manhole where you fell. If it were solely on work property and owned and maintained by work, likely you'll be limited to your Worker's Compensation claim. But this is an oversimplification and I recommend you retain an attorney.
Answer Applies to: Illinois
Replied: 9/26/2016
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
You may have a third-party claim against whoever owns or maintains the manhole that you fell into. You should immediately investigate the possibility of a third-party claim, because the statute of limitations (time limit for filing a claim) for the third-party claim could be substantially shorter than for your workers' compensation claim (particularly if the manhole is owned or maintained by a governmental entity).
Answer Applies to: Illinois
Replied: 9/26/2016
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