Illinois work comp: What a difference a step makes...
Accidental falls can happen while doing almost anything at work.
They can catch you by surprise and leave you with an injury requiring time and money to recover.
But exactly where and how you fall can make the difference as to whether you can recover workers’ compensation benefits to pay for your recovery from the injury.
In a recent case in Illinois, a worker who was a cement mixer injured his knee while he was getting out of his cement truck at work. At first blush this may seem as though it would be a work-related injury: he was at work; he was in the process of performing his job; and he was stepping out of his work vehicle and closing the door. He was not able to receive benefits, though, because as the details of the accident came out, it showed a different story.
When the worker was first questioned about the accident, he said that he fell while stepping out of the truck, and that his left foot had slipped out from under him because of the debris on the ground. When he was examined further, he clarified that at the point when he fell, he was already out of the truck and standing on both feet. He had turned to close the door to the truck, and that’s when the fall actually happened.
This difference in step made the difference in his case. While stepping out of a cement truck is likely an action that is job-specific and would allow for workers’ compensation benefits, turning to close a door does not. Even though it was the door to his work vehicle, and even though he was in the process of doing his job, he was denied benefits. Turning to close the door to his truck was not a risk that was any different than a risk faced by anyone in the general public, and therefore it was not a work-related injury.
Looking at potential work injuries like this one, you have to apply that kind of comparison, between the risk exposure of the worker in particular and the risk exposure that anyone would face. This helps to isolate what makes certain actions job-specific characteristics or not. Illinois cases have said that just because a worker wouldn’t have been in the place he was at that moment if he wasn’t performing his job, that’s not necessarily enough for it to be a work-injury.
In the cement mixer’s case, where there was no evidence that there was anything wrong or unusual about the pavement he was standing on, the difference between whether he was taking a step down out of the truck, or he was turning while two feet were down, is pivotal for the workers’ compensation outcome.
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.
