Illinois high court: Woman can sue city over sidewalk fall

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The Illinois Supreme Court has ruled that a woman who was injured after tripping on a poorly maintained sidewalk can move forward with a lawsuit against the city of Danville.

The Champaign News-Gazette reports the state's high court ruled 7-0 on Thursday that Danville was not immune from liability, as the city had argued.

Lower courts had sided with the city, finding that the municipality was protected by a state law intended to shield government from the actions of their employees.

City officials declined to comment on the ruling.

The plaintiff, Barbara Monson, sued the city several years ago, after she tripped on an uneven sidewalk section and broke her shoulder. She argued the city had an obligation to keep the sidewalk in reasonably safe condition.

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What Is Meant by ‘No-Fault’ Workers’ Compensation in Illinois?

If you were injured in a work-related accident and have been researching workers’ compensation, you may have seen it described as a “no-fault” system. One of the most important things to understand about the workers’ compensation system in Illinois is that it is based on a “no-fault” system. What does this mean, exactly?

Most employers in Illinois are required by law to have workers’ compensation insurance. And the workers' compensation in Illinois is a “no-fault” system, which means that any worker who has been hurt on the job is entitled to workers' compensation benefits. If you have been hurt on the job, you are entitled to workers’ compensation benefits no matter whose fault the accident was.

A no-fault insurance system, such as workers’ comp, works by paying claims regardless of who is to blame for an accident. This provides an important layer of protection for injured workers, sparing them from having to through additional litigation and the through the additional burden of proving who was at fault before receiving benefits.

In Illinois, even though you don’t have to prove that your injury was your employer’s fault, you do have to prove that your injury happened at work or as a result of work. If you would like help to file your workers' compensation claim, Krol, Bongiorno, & Given’s experienced workers' comp lawyers are here to help. With over 60 years of combined legal experience, the KBG law firm is a leader in the field of workers’ compensation law and we have earned the reputation as aggressive advocates for injured workers before the IWCC.

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