Worker getting Fritos from a vending machine wins benefits
Sometimes a good deed does not get punished.
In a recent case (not handled by our office), a worker at the now closed Circuit City was walking by a vending machine and noticed that his co-worker was frustrated because she couldn't get the Fritos she had paid for from the vending machine. Apparently management was on notice that the machine would malfunction. The worker, being a good guy, tried to dislodge the dangling Fritos and hit his shoulder into the machine. As you can probably guess, a shoulder injury was the result.
The employer's insurance company denied benefits stating that this injury had nothing to do with the job. After years of court rulings, the Illinois Appellate Court recently ruled that even though the worker's job didn't involve slamming his shoulder in to a vending machine, because he was a "Good Samaritan" he should receive benefits. In a nutshell, the Judges said that it was predictable that someone could get hurt while trying to help a co-worker. Even though he wasn't rescuing someone in the traditional Good Samaritan sense, he wasn't goofing off. As a result he won.
The Court also said that because the vending machine was provided for the comfort of the employees, that had the injured worker been trying to help himself he likely would have won his case too.
Every case is different so we don't suggest that you ram your arm into a vending machine if a candy is stuck. But the reality is that if you try to shake the machine, give it a hit with your hand and then butt it with your shoulder, if you get hurt you will likely win benefits.
Finally, we can imagine if this were to happen that an employer or their insurance company would tell the worker that they are not eligible for Illinois workers' compensation benefits because the injury wasn't a part of their job duties. It's just another lesson that you shouldn't take the word of someone who tells you that you have no case, especially if they might have a financial motivation to tell you that.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
