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If you get injured in the lot where you park for work, you may be eligible for Illinois workers’ compensation benefits. In Illinois, this means that you are entitled to benefits such as payment for lost wages, medical expenses, and compensation for permanent injuries.

Generally, you are not eligible for workers’ compensation if you are injured off the premises of your employer. For example, most injuries that happen while commuting to and from work are not covered. However, there is an exception for parking area injuries.

The key is whether or not the parking area is considered part of the employer’s premises. Does the employer provide the parking area to its employees? If so, it may be considered an extension of the workplace. For example, if an employer maintains parking spaces behind the building (or pays for someone to maintain them) and an employee slips on ice and breaks their wrist while walking to their car after work, they are likely eligible for benefits.

If you fall in a lot that is considered part of your employer’s premises, and it happens within a reasonable time before or after work, you should be covered. It generally doesn’t matter if you’ve already clocked out or if the injury occurs before your shift starts. However, if you leave after your shift, walk down the street for dinner or drinks, and then return to your car hours later and fall in the lot, you might have trouble proving eligibility.

Not all Illinois parking lot injuries qualify. The general thing to consider is how much control the employer had over the parking area. Was it specifically provided for employees? Were employees required to park in a certain area? Did the employer maintain the lot or pay for maintenance of the lot? The employer can still be considered in control of the lot even if they don’t own it. If they have a lease, there may be a section about maintaining parking areas or paying maintenance costs.

These are some of the most difficult and contested cases in Illinois workers’ compensation law. An experienced workers’ compensation attorney is in the best position to evaluate your case and fight for you if your claim is denied. If you have a parking lot injury related to your job, contact us. It’s free and confidential to do so. We don’t guarantee you a result, but we will do whatever we can to answer your questions and hopefully point you in the right direction.