Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

There is a lot to think about if you are injured at work in Illinois.  Here are four big things that every injured worker should know.

1.    You have to notify your employer. The law says you have 45 days to tell them about a work injury, but sooner is usually better. Waiting can give your employer a chance to argue that your injury happened outside of work. If you miss the deadline, your claim can be denied. Report your injury to your supervisor, as soon as possible, in writing.

2.    You should see your doctor right away. Don’t try to tough it out. Waiting can hurt your claim for benefits because your doctor might not be able to confidently say that your job is what caused the injury. You get to pick which doctor you see, and your medical bills should be covered 100%. And if your doctor gives you work restrictions (don’t lift anything over 10 lbs., for example), listen. Don’t shovel snow or help a friend move. Sometimes the insurance company uses surveillance to catch you doing these things.

3.    You can’t sue your employer. Workers’ comp is a tradeoff. Injured workers are entitled to compensation if they get hurt on the job (medical bills, lost wages, payment for permanent injury). It’s quicker than going through a lawsuit and it doesn’t matter who was at fault. In exchange, employers are protected against lawsuits from injured employees. You may be able to sue a third party, however, if they are negligent in causing your accident and don’t work for your company.

4.    The insurance company isn’t on your side. Throughout the claims process, you or your attorney will be dealing with your employer’s insurer. The insurance adjusters know what they’re doing; they handle claims day in and day out. Their goal is to pay out as little money as possible. So don’t take their advice on which doctors to see or whether you need an attorney. Don’t give them a statement. Don’t let them come with you to any medical appointments, and don’t give them permission to speak with your doctor about your treatment.

Your employer may tell you that you can’t get workers’ compensation (claims cost them money). If you’re told that you aren’t covered because you are an independent contractor, because there is no insurance policy, because you weren’t really working when you got hurt, or because repetitive stress injuries don’t count, get a second opinion. These are gray areas and you may very well have a valid claim.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A reader sent me the following, but unfortunately didn't give a phone number and her e-mail did not work.  So if this was you and you have questions after reading my response, please call me at (312) 346-5578.

 I was injured in a car accident while on the job.  I have
been on light duty for 4 months and I just recently went to the
orthopedic. The doctor told me I had 1 month to get better. He set up
therapy for me. Can someone give you a time period to get better and
can workers comp stop paying for my medical expenses? Please help me
with this situation. Also should I get an attorney.

The answer is not, you can't be given a time limit to get better and it's odd that the doctor would be the one to imply that you can.  Maybe he meant that if you aren't better in one month that you'd be as good as you are going to get. 

Certainly the insurance company can't limit how long you have to treat just because they think you should be better by now.  I question if this is a doctor that they chose?

Either way, if you are concerned about this doctor, you probably have the right to a second opinion and should exercise that right as soon as possible.  It certainly sounds like they should get an attorney because this one definitely doesn't pass the smell test.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A reader told us about

I currently have a workers comp attorney but I have been waiting
almost 8 months to see the specialist to get this chromosome shot.When I call him the office takes at least 1 week to return my e-mail
 or call. If they will even return my call or e-mail. I have sent him
 the referral letters from both doctors per his request as well as
 physician notes for me to see this specialist to get the cortisone shot. Does the legal system take this long or am I just a number in my
 attorney's case load? When I call they have no idea who I am, I know
 they have 75 clients but my last name is really easy to remember since
 it's kind of a funny name. I just want to get the shot, get well, and
 close this chapter of my life. However, I want to make sure that I
 don't have to pay any of my money for the medical bills related to my
 work injury. Is this treatment typical in the legal system?

There is no set time for how long a case should take, but what is happening to this worker is wrong and not normal.   It's especially bad that his lawyer takes a week or so to respond to a call or e-mail.  I actually love e-mailing with clients because it allows for me to help them right away without disrupting anything else that is going on. 

If you are injured and not able to get medical treatment, it shouldn't take more than 2-5 months to get before an Arbitrator, especially if you have all of the necessary information.  And quite honestly, more than half of the time just having that info will solve the problem.

This case seems like the worst lazy and indifferent lawyering around.  I encourage people to work things out with their attorney when they can, but this is clearly a matter where that ship has sailed and this poor guy should find a new attorney, one that will fight for him.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Your workers’ compensation case can definitely be affected by a positive drug test after your accident, but you should not automatically lose your benefits.

After a work injury in Illinois, your employer may want you to take a drug test to see whether you had any drugs or alcohol in your system. They can use a positive test to argue that you were under the influence when the accident happened, and your case should be denied.

Employers have even drug tested an injured employee as much as six months after an accident, and tried to cut off benefits if the test comes back positive. Though this is clearly ridiculous, knowing it’s a possibility can help prepare you. 

Even when the drug test is done immediately after the accident, the results do not necessarily show that the drugs were in your system at the time of the accident. Drug testing results are different from alcohol testing results.

If you smoked marijuana a few days before the accident, you could still test positive for drugs in your system that day, but it may not have been the cause of your accident, and you may not have been impaired at the time. You should still be entitled to benefits for your accident on Monday, even if you test positive for marijuana use from the weekend.

 A positive drug test can be used to deny your claim, but it shouldn’t be automatic. Your employer will still have to show that the marijuana was the cause of the accident.

In one case in Illinois, a worker was injured when he fell into a hole in the floor. After a positive drug test, the employer claimed that the drug impairment was the cause of the fall. But the court didn’t agree. If the hole hadn’t been there, the employee wouldn’t have been hurt. 

So there is no need to assume that just because you are being asked to take a drug test, that you won’t get your benefits. You can refuse to take the test. But most importantly, as with any injury, tell the truth when you’re reporting your injury, and make sure your doctor has all the facts of the accident. 

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If you are on your way to or from work and you get hurt, you’re probably wondering whether it’s considered a work injury. The answer is that it depends. If you are driving or taking public transportation to or from work, you’re usually not covered (although there are exceptions). On the other hand, if you are hurt in the parking lot or some area outside of the building where you work, you might be covered.

There are two main things to consider. First, were you told to park there? If your employer provides a designated employee parking area, it might be considered an extension of the workplace. Second, who owns or manages the parking area? If it’s your employer, even if they pay someone to take care of the parking lot for them, it’s more likely to be a work injury. If it’s owned by another company, there is less of a link to your employer and it’s probably not considered a work-related injury. However, you might still have a case against the owner or management company for any negligence that caused your injury.

Common examples of these injuries are slip and falls because of snow or ice or because the area wasn’t properly maintained. If you are injured in your car or the injury is caused by your vehicle, it’s probably not a work injury.

These cases depend heavily on the specific facts and no two cases are alike. So don’t try to decide for yourself whether you should file a claim for workers’ compensation. If your employer says it’s not a work-related injury, double check with an attorney. They may just be trying to protect themselves from a claim.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If you have a fairly serious injury, your employer’s insurance company may try to get involved with your medical treatment. They might try to talk to your doctor or your physical therapist. They might even try to come to your appointments. It sounds intrusive, and it is.

The insurance companies are good at this. They treat you nicely on the phone, they act like they’re trying to help, and then they turn around and do something to hurt your case. We’ve seen insurance companies convince surgeons to delay surgery or convince a doctor to try a cheaper, yet riskier, approach. We’ve seen them push doctors to lift work restrictions, even when it’s not in the employee’s best interest.

Illinois law says that insurance companies are not allowed to talk to your doctor without your permission, except to request copies of records or bills. The insurance company won’t tell you this. If someone from the insurance company wants to come to your appointment, or get involved in any way, just say no. And get a lawyer.

A good attorney will protect you from these insurance company tactics. They will contact the insurer and tell them that they can no longer talk to your medical providers. If you have questions about what the insurance company can and cannot do, you can always give us a call

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If you are a fan of the NFL, you may know that the owners have locked out the players.  Basically it means that there is no contact between either of them.  This includes no coaching or training at the team facilities. 

In addition, the NFL has canceled the health insurance of their players.  I have heard some alleged experts gripe about how unfair this is because "injured players won't be able to get treatment for their problems."  This would certainly be unfair if it was true.

Even with the lockout, teams can't take away rights under workers' compensation laws.  if you are a Bears fan, you know that Jay Cutler hurt his knee in the last game of the year.  The Bears will have to pay 100% of his medical bills at a doctor of his choosing.  Even if he was seeing the team doctor, they'd still have to pay for it and allow that visit.

The same would be true for you or me if we got hurt on our jobs and were then fired our locked out.  Nobody can take away your rights, even if the business closes.

So other than the millions of dollars, celebrity and fame, you and I are just like NFL players, at least when it comes to Illinois workers' compensation rights.

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.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

In Illinois, most employers are required by law to have workers’ compensation insurance. If they break the law, it’s a crime. There are fines, which are put into a fund to compensate workers who are injured in a job where there is no insurance. If a business owner doesn’t have any employees, they don’t need insurance. But even one part-time employee requires insurance.

So what do you do if your employer tells you they don’t have insurance?

First, make sure they’re telling you the truth. We’ve heard of employers telling an injured employee that they don’t have insurance in order to discourage the employee from filing a claim and seeking benefits. You can look up whether an employer has workers’ compensation insurance here, or contact the Illinois Workers’ Compensation Commission and ask. If they investigate, they won’t tell your employer who made the report. You should also know that there is no waiting period before a new employee is covered under their employer’s insurance. You are covered from day one.

Even if your employer ends up not having insurance, they are still on the hook for your medical bills and payment of a portion of your lost wages if you are unable to work because of your injury. The problem, however, is that it can be difficult to get this money from an employer, especially a small business, because the money simply isn’t there.

Another thing your employer might do is tell you that you aren’t covered because you’re an independent contractor. Again, don’t take their word for it. It’s true that they don’t need to insure independent contractors, but you might not be one. The Illinois Workers’ Compensation Commission estimates that 91% of Illinois employees are covered under the law, so it’s worth looking into.

If you truly are an independent contractor, and you get injured, you can probably file a lawsuit. This option is not available for employees – filing a workers’ comp claim is generally their only option. But an independent contractor generally can sue for damages caused by an employer’s negligence. It might be covered by the employer’s general insurance.

If you have a question about whether you’re an independent contractor, whether your employer is required to carry insurance, or anything else, please contact us.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Falling out of a chair can be embarrassing, but more importantly it can cause you to suffer an injury. When it happens at work you may be entitled to Illinois workers’ compensation benefits, depending on the circumstances.

In Illinois, whether or not your chair accident is considered employment-related may, though, depend more on what was under your chair than what was in it. 

For the injury to be connected enough to your work to warrant workers’ compensation benefits, you have to ask yourself: was there a risk involved in this accident that the general public is not exposed to? To answer the question, look at the work environment, including the type of flooring the chair was on, the condition of the floor, and the style of the chair. 

Your accident is not likely to be connected to your work if, for example, the chair was a fairly typical straight-backed type of chair. Similarly, if the chair was on wheels, but was sitting on carpeting or a stabilizing mat, then falling out of the chair is probably not tied to your work environment.

If, though, there is something extra about the set-up that causes more movement than a chair ordinarily would or should, then that could be an increased risk of your employment.   This would include wheeled chairs that were sitting on hard or slippery surfaces like linoleum tile, or sitting on a sloped floor.   This would also include chairs that had a particular style that promoted movement from side to side or front to back. 

Looking at these factors will help determine whether your employment is connected enough to your fall to entitle you to workers’ compensation benefits. If there was some added element that created increased chair movement, then your fall from the chair could likely recover benefits for your injury.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

For most personal injury cases, the typical attorney’s fee is 33% of what you recover. This means that when you sue someone for your injury, your attorney will get 1/3 of what you win at trial or get after settlement.

Although workers’ compensation cases are injury cases, they have different rules, and attorney fees are one of those differences. The law in Illinois limits an attorney’s fee in a couple of ways.

First of all, the amount of the fee is limited to 20%. This type of fee – where an attorney gets a percentage if you win and nothing if you lose – is called a contingency fee because it is contingent on the outcome of your case. While a typical contingency fee is 33%, it’s only 20% if your injury is work related.

A second limitation is that a contingency fee can’t be earned on routine benefits, meaning your workers’ compensation attorney won’t get 20%, or any percentage, of your checks for lost wages (TTD) or your medical payments. Although they may have gotten these benefits for you, they are entirely yours or go directly toward your medical treatment.

The 20% fee applies to situations where the attorney actually has to work to get you benefits. For example, if you have a disputed claim, where the insurance company has denied benefits, your attorney may have to go to trial to get you what you are owed. They can charge a fee on the amount they are able to get for you. Another example is when a case settles. When your attorney reaches a settlement with the insurance company, they typically charge 20% of that amount.

If you have a high-value case, the attorney might get less than 20%. The law caps an attorney’s fee at 20% of 364 weeks of permanent total disability payments.

The bottom line is that hiring a workers’ compensation attorney shouldn’t cost you anything up front, and you shouldn’t be charged if all the attorney does is get you set up with routine benefits (lost wages, medical benefits, etc.) If your attorney has to fight the insurance company for past benefits you’re owed or they settle the case for you, only then do you owe a fee.

We hear from people who decided not to hire an attorney because they didn’t want the attorney to take it all. This won’t happen. In fact, attorneys usually earn their own fee by getting a higher settlement than you would have gotten without an attorney. Even if you switch attorneys, no matter the reason, you still won’t pay more than 20%.

If you have a question about attorneys’ fees in work injury cases, or you want to know how the rules apply to your situation, give us a call.  

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Recently we were asked a question by a reader who wanted to know if he could file his workers’ compensation claim here in Illinois. He lives in Illinois and was injured on the job in Illinois, but his employer is located in Texas. To further complicate the matter, he signed a contract at the time of his employment, which said that any workers’ compensation claim he may have would be handled in Texas.

The answer is: yes—if you are injured in Illinois, you can file a workers’ compensation claim in Illinois. The location of the injury gives you a choice of bringing the case in the Illinois system, regardless of the company’s physical location, or any other factors about where the company does business.

Even though the worker seemed to give away his right to bring a claim anywhere but Texas, in practice he is not able to do this. No employer is able to get you to waive your Illinois workers’ compensation rights. If you have been injured in Illinois, you have workers’ compensation rights in Illinois. The only way to end those rights is through a settlement which is approved by an Arbitrator, and not by an agreement with anyone else.

This reader’s question is also about more than just the convenience of filing in his home state. If he files his claim in Texas instead of Illinois, he could have a lot to lose. Texas is a terrible state for injured workers. On the other hand, Illinois is considered a very worker-friendly state for workers’ compensation.

But even if that weren't the case, the bottom line is that as a worker your rights can't be taken away by the employer.  It is good to know that no matter what anyone else says, the protections of the law are there for you.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It’s generally the rule under Illinois workers’ compensation law, that in order to receive benefits, you need to cooperate with all reasonable medical treatment that has been recommended. If your doctor suggests a treatment or therapy plan, and you don’t follow it, your benefits could be suspended or terminated.

Surgery, though, is looked at differently under Illinois law, and gives workers more freedom to just say “no.”

The ability to reasonably refuse surgery is unique in the world of workers’ compensation. Because usually under the system you put your benefits at risk not only for failing to follow a medical plan, but also for doing things that make your health worse. These are called “injurious practices.”

One example of an injurious practice is smoking, which has been known to cause surgeries like lumbar fusion to fail, in addition to all the other health risks. An Arbitrator may tell you that as long as you are still smoking, your benefits will stop.

A lot of times surgery is the only chance that a worker can get better and recover from an injury.   To the insurance company, it seems clear—no choice about it: you have the surgery and have a chance to return to work, or else they shouldn’t have to continue to pay.

But Illinois law has said that even if there is an additional cost to the insurer if the worker doesn’t have the surgery, that’s not a reason to deny benefits. As long as refusing the surgery is reasonable, your benefits shouldn’t be affected.

Because surgery is an invasive procedure, if you are fearful to do it, that’s generally enough to show your decision is reasonable. Whether it’s fear of the procedure itself, or the possible outcomes of the surgery, workers are usually given a lot of freedom to have their own beliefs and fears about it. 

If your choice about surgery is made in bad faith, that may be viewed differently. But otherwise, you should not have to give a medical or scientific argument about what harm might come to you from the surgery in order to keep your benefits. 

Even where there could be serious harmful consequences in refusing the surgery, your decision not to have it can still be reasonable, even if it is based on fear of the procedure. You cannot generally be forced to choose between surgery and workers’ compensation benefits.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Sometimes when you have a fall, it seems to come out of nowhere. But when you slip and fall at work, you want to be able to recover benefits from the Illinois Workers’ Compensation system. Your case will have a much better chance of succeeding if you have specifics about the circumstances surrounding your accident. If you have no idea how you fell, you could be out of luck with your claim.

Just because an accident happens while you’re at your workplace, it doesn’t necessarily mean that you have a case for benefits. You also have to show that your accident is connected to your employment. Was there a hazard you were exposed to that was related to your job? 

What can make or break your case are the details about where you were when you fell, what the conditions were like, and what else was going on at the time. 

For example, if you slip and fall in the parking lot, it could be helpful to know if you were carrying something you needed for work, or if there was something about the conditions on the ground that may have caused you to fall. Was something happening at the time that put you more at risk for the fall than someone who did not work for your employer?

Similarly, if you have a fall in the office, the surrounding circumstances can be helpful to prove your case. What were the physical details where you fell: such as poor lighting, wet floors, boxes or other things on the floor where you were walking? What other work-related factors were involved: rushing to a meeting; carrying work supplies; or were you in the process of performing job duties?

In one case a worker fell down the stairs at work while carrying knives. The court said that there wasn’t any special work-related risk in walking down those particular stairs. But the size and weight of the knives did make the accident employment- related. The worker needed to carry them for his job duties, and they created a unique risk to his job. 

Even though accidents can sometimes seem to happen in a flash, it can be very helpful to your workers’ compensation case for you to have as many of the details as possible. The closer in time that you take notes or pictures of the events and environment, the more likely you are to be able to get benefits for your injury. 

And like any other case, we highly recommend that you not give a recorded statement to an insurance adjuster because you may get tricked in to saying something that hurts your claim and causes you to lose your benefits.

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.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

In life, who you know is often more important than what you know.  I will never forget my first workers' compensation trial months out of law school.  The Arbitrator didn't know who I was, but was clearly pals with my opponent.  The facts were on my side, but we lost due to their relationship.

Years later I tried a very similar case in front of the same Arbitrator who by then knew me well.  I of course won that time because he wasn't doing a favor for his buddy against someone he didn't know.

Knowing the Arbitrator is important for any type of case.  If you are hurt in Cook County it's impossible to predict who the Arbitrator will be because there are so many that could be randomly assigned.  In the suburbs and downstate there are usually just one choice and you know ahead of time who it will be.

Joliet used to have two Arbitrators and they were very different from each other.  Now there is just one Arbitrator and she has been around for a long time.  In fact her husband is a workers' compensation attorney as well.

If her husband doesn't like you, I don't think that bodes well for you.   Same if she doesn't know you or like you.  Her husband can't handle cases assigned before her, but many of his friends do. 

I've appeared before this Judge, but not for a long time and I don't know her husband.  But I do know the attorneys that know them well and while that won't guarantee a result, I do believe that if all things are equal it can make a huge difference.

The bottom line is that whether you need a Joliet workers' compensation attorney or one in Decatur, Rock Island or anywhere else, before hiring an attorney you should ask them what they know about the Arbitrator and how often they appear before them.  Failure to do that could ruin your case.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Perhaps it's the long winter making some people grumpy, but it seems of late that I've received a lot of calls from people who are dealing with something that I just can't understand.

They have an attorney that yells at them.  Literally their lawyer screams when they ask a question and if they don't scream, they put the client down for "being so stupid."

If this is the person who is supposed to be fighting for you, I'd hate to see your enemy.  We all have bad days and I've had a few I'd like a do-over on.  But I can't imagine a scenario where I would put down the person who is depending on me.

This doesn't mean we are soft or will do whatever the client wants.  I've had disagreements with clients that think they know how a case should be handled and I know otherwise.  But I'll tell them my thoughts in an adult way and expect the same of them.

If I had a client scream at me (knock on wood, has only happened when I turned down someones case) I would probably fire them.  If you are my client and I scream at you then you should probably fire me.

What's interesting is that it happens so much that I usually can guess who the lawyer is before the caller tells me.  I hate hearing these stories as it really gives attorneys a bad name.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

“Fun and games” with co-workers can benefit both employer and employee in many ways, but when an employee is injured during such a recreational activity, he or she is often not entitled to workers’ compensation benefits. Under Illinois law, injuries from accidents that occurred during voluntary recreational activity would generally be excluded from coverage.

But there are exceptions to this general rule, and often those exceptions turn on the control the employer had with regard to the recreational activity. The more involved the employer is in the activity, the greater the chance that recreation can be categorized as work for workers’ compensation purposes. 

When, for example, there is a company ball game or picnic, it is relevant whether the employee was ordered or assigned to participate. If the employee had a choice to opt out of the activity with no ramifications, it is less likely to be considered a work function. But where the employee had to use a personal or sick day, or give up some other kind of benefit, then the employer has essentially mandated attendance making it a work-related activity.

Sometimes what may seem recreational is really furthering the company’s business or interests, such as building relationships with customers. If a company-sponsored activity is strongly encouraged because it will benefit the business, and workers are made to feel that their support of this is necessary, then that too could place the activity into a different category for workers’ compensation benefits.

Other exceptions can be found as well, when the recreational activities take place during lunch or other break time at work. Generally, employee activities during breaks are considered part of the work day, because they are acts of personal comfort for the employee. Illinois had recognized the “personal comfort doctrine” to compensate workers for injuries that occur during the work day that may not seem to be directly related to the job, but which employees need to do for their own health and comfort. These activities have included eating, using the bathroom and cooling off, among others, as long as the activities are done in a reasonable manner.

Injuries during activities that relate to personal comfort have been more likely to be compensable as work-related where the company knows about them and acquiesces to the practice. Even when the employees are not being paid during the activity, if the recreational activity that takes place during lunch time on the company premises, and using company property, the case is stronger for an accident to be compensable under workers’ compensation. 

Though injuries that happen during voluntary, recreational activities are less likely to receive workers’ compensation benefits, the analysis does not end there. As the exceptions show, it is important to look at the details in determining what your rights to compensation may be.

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link