Even ordinary acts can entitle you to benefits in specific fact situations.
Getting in and out of a car is something we do many times each day, but in some situations you can be entitled to workers’ compensation benefits for an injuring yourself doing just that. Frequently we are asked about situations like this--whether a seemingly ordinary activity can actually “arise out of employment” to trigger benefits.
In a recent case, a police officer injured her knee and required surgery, when she heard it pop while getting out of her squad car. This may seem like an activity that most people, including the officer herself, would do in the course of their typical day, and not be connected specifically with employment. But this case shows that you have to look at the particular facts of the situation, to decide if you may be entitled to benefits for an employment injury or accident. Certain extra facts can change the activity from a neutral activity to an employment-related activity.
The arbitrator in the police officer’s case determined that the extra facts made the case different than the general public getting in and out of a car, and different than the officer herself getting in and out of her family car when she was not on duty. Her work duties required her to wear a uniform that included a 30-pound gun belt with accessories, a large radio, and a protective vest. Performing her job meant that she got in and out of the squad car about 40 times each day, while wearing the heavy and bulky uniform. These details were enough for her knee injury to have arisen out of her employment and entitled her to collect Illinois workers’ compensation benefits.
These types of cases are clearly very fact-specific, which is why talking to an attorney to evaluate whether you have a claim is so important. A situation that may seem ordinary and not employment based, may in fact be determined to be potentially compensable when scrutinized by an attorney.
If you were injured because of something you would have been exposed to with out without your employment you may not have a claim. Also, if the injury resulted from a risk that was specific to you personally and not specific to your job, you likewise may not have a claim. The turning point may be those extra facts, like the bulky, heavy police uniform, that change your injury from personal to compensable under Illinois workers’ compensation.
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.
