Illinois workers' compensation and ankle/foot injuries from walking on concrete
A reader asks:
I am a cashier at a local grocery store. I stand on a concrete floor every day and by the end of the day my feet are killing me. If I get medical treatment for this will it be covered under workmans comp?
The answer is probably no. Illinois courts have ruled that the act of standing, even for a full work day on concrete, is an activity that the general public is exposed to. If you can't show an increased risk to the general public you lose.
So what would increased risk be? There are a bunch of cases on this so here are a few examples:
1. Having to walk a long distance. There is no set distance, but if your job requires you to walk all day and you get a foot injury you probably win.
2. Having to wear steel toed boots or other unusual footwear if this footwear contributes to your injury.
3. Having to walk on uneven surfaces. We see this a lot on the construction site. In fact we represented a laborer who had to move materials that weighed over 100 pounds all day on an uneven surface. He messed up both feet to the point of having surgery with a pin put in his bones to hold them together. He could never return to that job again.
Those are the three most typical examples. In general though, whether it's a foot injury or anything else, you should think "does the general public deal with what I deal with?" If the answer is no then you are likely entitled to benefits. If you do get benefits, it is our experience that many of these injuries never really get better. If that's the case your employer needs to allow you to work in a manner that does not affect your problem.
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.
