Property owners have certain obligations under Illinois Law. They must create a safe environment free of dangerous conditions for all who enter the premises. If a visitor is injured by a hazard on their property, they may be liable under Illinois premises liability law.

There are ways the property owner can escape liability. If the hazard can be considered “open and obvious”, the property owner may not be at fault. The property owner may argue that the victim should have been aware of the dangerous condition and avoided injury. However, the open and obvious rule has its own exception called “the distraction exception.”

What Is the Distraction Exception?

The distraction exception creates a cause of action against the property owner, even if the victim was injured by a hazard that was “open and obvious.”

According to the Bureau of Labor Statistics, over 2 million people are injured at work every year, and over 1 million people will miss work because of a workplace injury.

Most of these injuries are caused by falls, slips, and collisions. However, some incidents are much more subtle; in fact, thousands of workers suffer serious harm just breathing the air around them. The culprit? Toxic gases and chemicals.

Despite advances in safety precautions and more stringent regulations, thousands of workers suffer health complications due to chemical exposure annually. According to the National Safety Council, harmful substances were responsible for over 30,000 non-fatal injuries and over 600 fatalities.

Going to the pool is a popular pastime for many. Unfortunately, for thousands of Americans, their time at the pool ends with more than a nice tan. According to the Pool Safety Foundation, more than 2,000 children under the age of five suffer submersion injuries every year, and many of these injuries occur at pools. Thousands of adults suffer injuries as well.

Victims that survive are often left with debilitating permanent disabilities, such as brain damage. They may have difficulty concentrating and recalling information, making a normal life difficult. In addition to physical injuries, victims face other challenges, such as medical debt and financial instability.

Although their situation is dire, they may have a cause of action under Illinois premises liability law. If their injuries were caused by the pool owner’s negligence, they can file a lawsuit against them. A successful suit may result in a significant financial award.

Any serious bodily injury has the potential to impact a person’s quality of life, but the implications of a brain injury are often especially severe. A traumatic brain injury (TBI) occurs when the head is struck with a force that causes the brain to bruise, bleed, or suffer damage.

Common traumatic brain injuries include:

• Concussions: A blow to the head that shakes the brain. Symptoms vary considerably, ranging from mild headaches to long-term memory loss. Concussions usually heal over time.
• Brain Contusions: A bruise on the brain with concussion-like symptoms. If the bleeding subsists, surgery may be required to remove the bruised area.
• Diffuse Axonal Injuries: A serious injury that occurs when the brain is impacted so forcefully that the tissue connecting the brain to the brain stem begins to tear. It can be fatal in severe cases.  
• Penetrating Injury: An object literally fractures the skull and penetrates the brain. A gunshot to the head is the most common example.

Hundreds of thousands of Americans suffer traumatic brain injuries every year. It is one of the leading causes of death in the United States, with nearly 61,000 people succumbing to TBI annually.

Suffering a workplace injury is frustrating. You may be unable to work, require intensive medical care, and be left with permanent disabilities. However, the situation is all the more vexing if your workers’ compensation claim is denied.

Injured workers depend on workers’ compensation benefits during their recovery. If a claim is denied, the worker may be left with mounting medical bills and other expenses. Here are three common reasons workers compensation claims are denied:

The Accident Did Not Occur at Work

In order to qualify for benefits, your injury must have occurred during work. However, this does not necessitate a specific physical location. If the injury occurred while you were performing your job duties (e.g., out making deliveries), it qualifies. This is one of the most common justifications for a claim denial. Employers and insurers looking to avoid a payout often try to argue that the worker was not “on the job” when the accident occurred.