Illinois Workers’ Comp Guide for Landscapers and Tree Service Injuries

By Matthew C. Jones, Chicago workers’ compensation attorney at McHargue & Jones.

Quick answer: Yes, landscapers, lawn care workers, tree cutters, groundskeepers, snow removal workers, and tree service employees are generally covered by Illinois workers’ compensation if they are hurt while working. That can include medical treatment, TTD checks, TPD benefits, maintenance, vocational rehabilitation, permanent disability benefits, and settlement money. It does not matter that landscaping is seasonal, physically demanding, paid in cash, or sometimes handled informally by small employers. If you were hurt doing landscaping or tree work in Illinois, you may have a workers’ comp case.

Landscaping is not light work. Landscapers lift, bend, dig, pull, grip, climb, rake, mow, trim, load trucks, use chainsaws, work with vibrating tools, drive between jobs, work in heat, and sometimes perform dangerous work from ladders, trees, lifts, and harnesses.

That kind of work causes real injuries: back injuries, shoulder tears, hand injuries, carpal tunnel, cubital tunnel, knee injuries, hernias, amputations, crush injuries, ankle fractures, heat illness, and traumatic falls.

At McHargue & Jones, we have handled serious landscaping and tree service workers’ comp cases involving denied claims, IME disputes, back surgery, spinal injections, vocational rehabilitation, light duty fights, cash-pay wage disputes, disputed employment status, permanent restrictions, and large settlements.

If you were hurt doing landscaping, lawn care, tree work, snow removal, or outdoor labor, start with our main Illinois workers’ compensation lawyer page. For an overview of weekly checks and benefits, read how much workers’ comp pays in Illinois.

Are Landscapers Covered by Illinois Workers’ Comp?

Yes. Landscapers and lawn care workers are generally covered by Illinois workers’ compensation when they are hurt performing work duties.

This can include workers who do landscaping, lawn care, tree trimming, tree cutting, mulching, planting, mowing, weed trimming, leaf cleanup, snow removal, groundskeeping, irrigation work, hardscaping, outdoor maintenance, and loading or unloading trucks, trailers, tools, and equipment.

Illinois workers’ comp is usually a no-fault system. You generally do not have to prove that your employer was negligent. You usually need to show that you were an employee and that the injury arose out of and in the course of your work.

The problem is that landscaping employers sometimes fight these cases aggressively. They may say you were an independent contractor, that you were paid cash, that you did not report the injury correctly, that you were not really working, that the injury was pre-existing, or that you are not eligible because of immigration status.

Do not accept that at face value. Talk to a workers’ comp lawyer before assuming you have no case.

What Workers’ Comp Benefits Can Injured Landscapers Receive?

Injured landscapers can receive the same main workers’ comp benefits as other injured Illinois workers.

• Medical care: doctor visits, emergency care, imaging, injections, therapy, surgery, medication, and follow-up treatment.
• TTD benefits: temporary total disability checks when you are completely off work because of the injury.
• TPD benefits: temporary partial disability when you are working but earning less because of restrictions.
• Maintenance: benefits during approved vocational rehabilitation.
• Vocational rehabilitation: help returning to work or finding suitable work within restrictions.
• PPD benefits: permanent partial disability for lasting loss of function.
• Wage differential: possible benefits if you cannot return to your old job and earn less in new work.
• Settlement: lump-sum resolution of disputed or accepted workers’ comp benefits.

For a full explanation of weekly checks, TTD, TPD, maintenance, and Average Weekly Wage, read: How Much Does Workers’ Comp Pay in Illinois?

If your injury leaves you with permanent restrictions, read: What Happens After Permanent Work Restrictions in Illinois Workers’ Comp?

Common Landscaping and Tree Service Injuries in Illinois Workers’ Comp

Landscaping is hard physical labor. The injuries are often serious because the work combines heavy lifting, repetitive use, outdoor hazards, dangerous equipment, power tools, travel between jobs, and weather exposure.

Back Injuries From Lifting, Bending, Digging, and Carrying

Back injuries are among the most common landscaping workers’ comp claims. Landscapers lift bags of mulch, pavers, plants, trees, sod, rocks, tools, mowers, ramps, wheelbarrows, equipment, and trailer materials. They bend and twist while working for long hours.

Back claims may involve strains, disc bulges, herniated discs, sciatica, spinal injections, fusion surgery, and permanent restrictions. For more on value, read how much a back injury is worth in Illinois workers’ comp.

Shoulder Injuries From Lifting, Pulling, and Overhead Work

Landscapers and tree service workers often lift overhead, pull equipment, carry heavy loads, and use tools with awkward shoulder positioning. Shoulder injuries may include rotator cuff tears, labral injuries, impingement, tendonitis, and surgery.

For more on these claims, read how much a shoulder or rotator cuff injury is worth in Illinois workers’ comp.

Carpal Tunnel, Cubital Tunnel, and Hand Injuries From Repetitive Gripping and Vibrating Tools

Landscaping workers use chainsaws, trimmers, blowers, mowers, clippers, shears, shovels, rakes, and other tools that require repetitive gripping, pulling, vibration, and forceful hand use.

That can lead to carpal tunnel syndrome, cubital tunnel syndrome, hand pain, finger injuries, numbness, tingling, and grip-strength loss.

For more, read carpal tunnel workers’ comp claims in Illinois and how much a hand injury is worth in Illinois workers’ comp.

Amputations and Serious Equipment Injuries

Some landscaping accidents are catastrophic. Chainsaws, heavy garden shears, clippers, mowers, chippers, blades, and other sharp or powered tools can cause amputations, crush injuries, lacerations, tendon damage, nerve damage, and permanent disability.

If you or a family member suffered an amputation or severe equipment injury at work, read: Illinois workers’ comp amputation claims.

Foot and Ankle Injuries From Falls, Tree Work, and Uneven Ground

Tree cutters and landscapers can suffer devastating foot and ankle injuries from falls, harness failures, ladder accidents, uneven ground, equipment impacts, and jumping or falling from heights.

For more on these claims, read how much a foot or ankle injury is worth in Illinois workers’ comp.

Knee Injuries, Hernias, Fractures, Head Injuries, and Concussions

Landscapers also suffer knee injuries from kneeling, twisting, falls, and uneven terrain. Heavy lifting can cause hernias. Falls from ladders, trees, trucks, trailers, or uneven property can cause fractures, concussions, and head injuries.

For related resources, see Illinois workers’ comp knee injury value and hernia settlement value in Illinois workers’ comp.

Why Back Injuries Are So Common for Landscapers

Back injuries are one of the biggest injury categories we see in landscaping cases.

Landscaping work often involves lifting heavy bags of mulch, soil, salt, and stone; loading and unloading trucks and trailers; pushing wheelbarrows; moving pavers and retaining wall blocks; lifting mowers, ramps, and equipment; digging and shoveling; bending and twisting for long periods; tree work; and snow removal.

Insurance companies often defend landscaper back cases by saying the MRI shows degeneration, arthritis, old disc changes, or a pre-existing condition. That does not automatically defeat the case. Illinois workers’ comp can cover an aggravation, acceleration, or worsening of a pre-existing back condition.

For more on that issue, read workers’ comp claims involving pre-existing conditions.

Heat Stroke, Sun Exposure, and Weather-Related Landscaping Injuries

Landscapers work outside in heat, cold, rain, snow, mud, wet grass, ice, and uneven ground. Weather-related injuries can be part of an Illinois workers’ comp case when they happen because of work.

Examples include heat exhaustion, heat stroke, dehydration, fainting or collapse from heat exposure, slips on wet grass or mud, falls on ice during snow removal, and injuries from working in storms or poor visibility.

These cases are very fact-specific. The key is documenting what happened, where it happened, the weather conditions, the work being performed, and the medical diagnosis.

Can I Get Workers’ Comp If I Am Paid Cash as a Landscaper?

Yes. Being paid cash does not automatically mean you have no workers’ comp case.

This is extremely common in landscaping, tree service, food service, construction, roofing, cleaning, and other physical labor jobs. Many workers are paid in cash and assume that means they are not covered. That is not true.

Cash pay can make the case harder. It can create fights over Average Weekly Wage. It can create proof issues. It can make the employer deny what you were paid or how often you worked. Usually neither side has perfect records.

But harder does not mean impossible. Evidence may include text messages, WhatsApp messages, Venmo or Zelle records, cash envelopes, bank deposits, coworker testimony, jobsite records, schedules, photos, messages with the boss, and testimony about the actual pay arrangement.

For the focused version of this topic, read Can I get workers’ comp if I’m paid cash in Illinois?

Can I Get Workers’ Comp If I Do Not Have a Valid Work Permit?

Yes. Lack of a valid work permit does not automatically mean you are excluded from Illinois workers’ compensation.

This is a very common issue in landscaping, construction, food service, cleaning, warehouse, tree service, and other labor-heavy industries. Employers sometimes try to scare injured workers by saying they do not qualify, are not legal, cannot file workers’ comp, or will have immigration problems if they make a claim.

Do not let an employer intimidate you out of a valid workers’ comp claim.

If the employer got the benefit of your labor, you should not be left without medical care and wage benefits when you are hurt doing that work. Immigration status can create complicated issues in some cases, especially around future work and wage-loss claims, but it does not mean there is no workers’ comp case.

For the focused version of this topic, read Can undocumented workers get workers’ comp in Illinois?

Matthew C. Jones speaks Spanish and has represented Spanish-speaking injured workers throughout Illinois for many years.

Can a 1099 Landscaper or Independent Contractor Get Workers’ Comp?

Sometimes, yes. The label does not end the analysis.

Landscaping employers sometimes call workers “independent contractors” or issue 1099s to avoid payroll taxes, insurance, and workers’ compensation responsibility. But in Illinois, the real question is often how the work relationship actually functioned.

Important facts may include who controlled your work, who set your schedule, who told you where to go, who supplied trucks and tools, whether you worked regularly for the same company, whether you had your own separate business, and whether landscaping or tree work was part of the company’s regular business.

Calling someone a 1099 worker does not automatically make the person an independent contractor for workers’ comp purposes.

What If I Am Hurt Driving Between Landscaping Jobs?

Landscapers often travel between yards, commercial properties, supply stores, dump sites, nurseries, and job locations. A car or truck accident may be covered by workers’ comp if you were traveling as part of your work duties.

Examples may include driving a company truck between job sites, riding with the crew to a job location, hauling equipment or materials, driving to pick up supplies for the employer, or traveling from one worksite to another during the workday.

Ordinary commuting is different. If you are simply driving from home to work or work to home, that may not be covered unless an exception applies.

If a negligent driver caused the crash, you may also have a third-party personal injury claim in addition to workers’ comp. Read workers’ comp vs. third-party claims in Illinois.

What If the Landscaping Company Has No Workers’ Comp Insurance?

Some small landscaping and tree service companies do not carry proper workers’ compensation insurance even though they should. That does not mean the injured worker should just walk away.

If there is no insurance, there may still be options. The case may involve claims against the employer, investigation into whether insurance existed, disputes over who employed the worker, third-party claims, property-owner issues, or claims involving contractors, subcontractors, or general contractors.

If your employer says there is no insurance, do not accept that as the final answer. Get legal advice.

Can I Sue a Homeowner or Property Owner After a Landscaping Injury?

Sometimes. Workers’ comp is usually the main claim against your employer. But some landscaping injuries may also involve a third-party claim against someone other than your employer.

Possible third-party claims may involve defective harnesses, defective ladders, defective chainsaws or power tools, negligent property owners, hidden hazards on the property, general contractors, other subcontractors, negligent drivers, equipment rental companies, or product liability claims.

Third-party cases can matter because they may allow recovery beyond workers’ comp benefits, including pain and suffering in the right case.

Read more here:

• Can you sue if you are hurt at work in Illinois?
• Workers’ comp vs. third-party claims in Illinois

IME and Light Duty Disputes in Landscaping Workers’ Comp Cases

Landscaping cases often turn into fights over IMEs and light duty.

An IME is an examination requested by the employer or workers’ comp insurance company. The IME doctor may say the injury is not work-related, the worker does not need surgery, the worker can return to work, or the worker has reached maximum medical improvement.

That can be a major problem for landscapers because landscaping jobs often require heavy physical labor. A doctor may release someone to “light duty,” but the actual landscaping job may still require lifting, bending, climbing, carrying, digging, driving, using equipment, or working outdoors all day.

• IMEs in Illinois workers’ compensation
• IME doctor vs. treating doctor: who does workers’ comp believe?
• Light duty work in Illinois workers’ compensation

If workers’ comp stops your checks after an IME or light-duty dispute, read: Can workers’ comp stop my checks in Illinois?

Case Example: Landscaper Back Surgery Trial and Settlement

We represented a Spanish-speaking landscaper who suffered a serious low back injury after falling from a ladder while working. He had no prior back injury or prior back medical care. He developed low back pain and leg symptoms and eventually needed significant treatment.

The case became a major fight over whether his back condition was causally related to the work accident, whether the recommended treatment was reasonable and necessary, whether he was entitled to additional TTD benefits, and whether surgery should be approved.

The employer and insurance company relied on IME opinions. The treating doctor supported the need for additional treatment, including spinal injections and lumbar fusion surgery. The case went to a 19(b) trial before the Illinois Workers’ Compensation Commission.

The arbitrator found the treating doctor more persuasive than the IME doctors. The arbitrator ordered the employer to pay medical bills, authorize additional treatment, approve the recommended lumbar fusion surgery, and pay TTD benefits.

After we won him medical care, the client continued treatment. He ultimately went through years of medical care, injections, therapy, and back surgery. He was discharged with permanent restrictions, performed a job search, participated in vocational rehabilitation, and was eventually placed in lighter work at a car wash earning less money than he made before.

Because the case began in 2016 and wages increased significantly over time, the wage differential issue was not as strong as it might have looked at first. We ultimately resolved the case for $135,000 total, including approximately $27,000 in future medical, on a theory of significant loss of occupation because he could not return to landscaping work. Before settlement, the insurance company had likely already paid hundreds of thousands of dollars in medical, TTD, maintenance, and vocational benefits.

The lesson is important: landscaper back cases can be won even when the insurance company claims the condition is degenerative, disputed by an IME, or not related to work. The proof comes from medical records, treating doctor opinions, job-duty evidence, testimony, depositions, and trial preparation.

If your surgery has been denied, read: What to do when workers’ comp denies surgery in Illinois.

If your case is heading toward trial, read our Illinois workers’ comp hearing and trial guide.

Case Example: Tree Cutter Fall, Shattered Ankles, Denied Claim, and $450,000 Settlement

We also recently resolved a serious tree service case involving a worker whose harness failed while he was cutting trees. He fell from a tree and landed almost standing up, shattering both ankles.

The employer did what we unfortunately see too often in landscaping and tree service cases. The employer tried not to report the injury properly, tried to pay bills directly, paid the worker here and there under the table after the accident, and tried to keep the worker from filing a workers’ comp claim.

By the time the client called us, the case was denied. The employer and insurance company disputed whether he was an employee or an independent contractor. They also disputed his Average Weekly Wage because he had been paid cash.

We prepared the case for a 19(b) trial and appeared in court in Wheaton, Illinois. Once we were ready to try the case, the other side backed down. They approved medical care, paid about a year of back pay, and agreed to our wage calculation.

The client then received years of treatment, including surgeries and ankle reconstruction. He was eventually released with permanent desk-duty restrictions as a 59-year-old laborer who could no longer return to tree cutting or heavy labor.

We negotiated a $450,000 settlement after the insurance company had already paid what was likely hundreds of thousands of dollars in medical and TTD benefits. The settlement was based heavily on future lost wages and future medical expenses. This was a case that was 100% denied when it came to us.

Read the focused case study here: Tree cutter fall workers’ comp case: from denied claim to $450,000 settlement.

If your foot or ankle injury is serious, read: How much is a foot or ankle injury worth in Illinois workers’ comp?

If you have permanent restrictions, read: What happens after permanent work restrictions in Illinois workers’ comp?

What Injured Landscapers Should Do After a Work Accident

If you are hurt while landscaping, doing lawn care, cutting trees, snow plowing, or working outdoors, take the claim seriously from the beginning.

• Report the injury right away. Tell your supervisor, boss, crew leader, dispatcher, or company owner.
• Put it in writing if possible. Text messages can be important if the employer later denies notice.
• Tell the doctor it happened at work. The first medical history matters.
• Identify all injured body parts. Do not leave out your back, neck, shoulder, wrist, hand, knee, foot, ankle, numbness, tingling, headaches, or heat symptoms.
• Save proof of wages. This matters even more if you were paid cash.
• Save photos and messages. Keep pictures of the jobsite, equipment, ladder, harness, tools, truck, trailer, property condition, or accident location.
• Do not let the employer scare you. Cash pay, 1099 status, or lack of a work permit does not automatically mean no case.
• Be careful with IMEs and insurance forms. What you say and sign early can matter later.
• Talk to a workers’ comp lawyer if the claim is denied, checks are late, surgery is denied, light duty is disputed, or the employer refuses to report the injury.

If the claim has already been denied, start here: Denied workers’ comp in Illinois: what to do next.

If you are not sure whether hiring a lawyer is worth it, read: The benefits of hiring a workers’ comp attorney in Illinois.