Fractured Femur from Slip & Fall

LR, a 65 yr old woman employed in an administrative capacity with a local medical network,  injured herself in late 2021 while getting out of her car on a snowy day. She slipped and fell on slick pavement after taking a step or two.  The fall resulted in a fractured  femur.  She underwent a hip replacement and recovered uneventfully a few months later.

Can the Injured Person be Compensated?

This case presented two issues: first, whether it was a compensable injury under worker compensation law as it happened outside of the work place.  And second, if it was compensable, would it be considered a leg injury, or injury to person as a whole.  The latter would have far greater value.

 Was This Injury Work Related?

The incident happened in a company parking lot also used by clinic patients.Where an employer, as in this case, directs where an employee parks, accidents are considered as occurring in the course of employment, and hence, are compensable. 

How Is The Financial Value Of The Injury Established?

LR’s fracture occurred at the top (head) of her femur.  Illinois WC law indicates that where the fracture is high up on the femur, cases are split whether the injury is considered a leg injury or to person as a whole. Here we successfully argued that LR’s injury was to person as a whole, and were able to settle for slightly in excess of 20% loss to person as a whole, or $50,000. This percentage was very much within the parameter of similar cases.  

Might More Medical Treatment Be Required?

While LR had made a good recovery and had returned to work, she was concerned about the possibility of needing future medical treatment, worried that Medicare would not pay for future treatment.  As part of settlement we were also able to negotiate $20,000 to be set aside in a separate medical account, which LR could tap into for hip related evaluation and treatment.

Fair Resolution Produces a Satisfactory Outcome

The settlement afforded LR substantial benefit which she was happy to receive.

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