Legal Question in Personal Injury in Illinois

hurt at work

I stepped of the curb and broke my foot and had to have surgery and was off work for three months. I reported that the curbing needed to be repaired in January. The doctor has informed me that I will only get about 80% usage back in my foot and have had to stop doing ballet which is a hobby that i've had for over 10 years. Do I have claim for the long term effects?

Asked on 11/07/06, 4:51 pm

4 Answers from Attorneys

Thomas Zimmerman Zimmerman Law Offices, P.C.

Re: hurt at work

If the city had notice of the defect and did not fix it, you may be able to bring an action against the muncipality. I tried a case and obtained a jury verdict in a similar case, where a lady fell into a hole in the sidewalk. However, they will probably defend based on your comparative negligence of not watching where you were looking, especially since you had knowledge of the defect. That could reduce your verdict amount. At the time you fell, if you were performing "job duties" you may be able to pursue a worker's compensation claim. This would be in addition to the civil suit against the municipality. I hope this helps. I'm at 312.440.0020, or visit my website at Tom Zimmerman.

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Answered on 11/08/06, 1:50 pm
Mike Helfand

Re: hurt at work

You may have a case, but we need more information to fully evaluate your situation. If you want a free consult, please contact us or e-mail a phone number. Check out our site for more info

Mike Helfand


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Answered on 11/07/06, 4:59 pm
Matt Belcher Belcher Law Office

Re: hurt at work

Do I have claim for the long term effects?

Yes, you have a claim.

If you were injured in the performance of your work due to risk of your employment then you have a worker's compensation claim.

A worker's compensation claim will compensate you for the loss of the use of your foot based upon the permanency of the injury (disability). Worker's compensation does not include "pain and suffering" however.

If you were injured because of the negligence of the owner of the "curb" then you also have a "third-party" claim.

A third party claim compensates you for your permanent injury (disability) and any pain and suffering. However, you must "prove" the negligence of the third party (you do not need to prove negligence in worker's compensation)

Whether the injury was due to a risk related to your employment is a technical question which requires more information. Likewise, whether the injury resulted from negligence requires some investigation.

It would be helpful if you took a picture of the curb in question and contact an attorney for an appointment. Most worker's compensation lawyers should not charge a fee for an initial consultation.

Please do not hesitate to contact me should you require additional information.

Good Luck,

Matt Belcher

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Answered on 11/07/06, 5:16 pm
Scott A. Blumenshine Blumenshine Law Group

Re: hurt at work

You may have a claim for both your

past medical expenses, wage loss,

and disability and any such future losses.

Whether you have a claim depends upon

the facts of your incident including

where, how and why you fell.

You certainly owe it to yourself

to explore your legal options.

We offer a free consultation and

personal, effective legal representation.

Please do not hesitate to contact

me for a free consultation.

Scott Blumenshine

Law Offices of Meyer and Blumenshine

[email protected]

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Answered on 11/07/06, 7:53 pm

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