Weather-related Woes at Work
Weather-related emergencies are a reality of life, and injuries from these events may be unavoidable. When you are at work, and nature strikes, there is a possibility that your injuries could be covered by workers’ compensation insurance. But you’ll need more than just being on the job at the time, to turn an act of nature into a compensable injury.
Here in Illinois we experience our share of lightning strikes, tornadoes, and other violent storms. When these events happen while you are on the job, any injuries you suffer could be covered under workers’ compensation insurance if there was something about your experience and your injury risk that made it unique to your job.
If you were working in a field where there were trees, and you were struck by lightning, you may not be covered. The only connection to your job, was that you happened to be in a physical location that is susceptible to lightning strikes. But the general public that is in the same area experienced basically the same risk that you did. Workers’ compensation would likely not cover your injuries.
It could be a different result, though, if there was something unique about your work environment or circumstances that made the risk of a lightning strike more dangerous. If some other factor specific to your job enhanced the severity of the situation, then your injuries might be covered. For example, in one case an employee was working in a greenhouse during a major storm that involved thunder and lightning. The worker injured in the storm had an expert testify about the unique nature of the climate and soil in the greenhouse, and how it increased the likelihood of injury beyond what others would experience. These facts make a better case for the injury to be covered.
Similarly, there are situations where employees working in severe weather conditions are hit by debris or other objects. Even though they were on the job when they were injured by the storm, if there was not some other factor related to a risk of the job, they may not be covered. But in a case where a store manager was hit by a sign falling through the roof, there was a strong showing for it being a work injury. There was evidence specific to the sign itself that made it particularly susceptible to wind damage. Because of this heightened risk, an accident like this one may come within the coverage for workers’ compensation.
The outside elements can be unpredictable, especially in Illinois. But we all share that risk together. Where your job environment and situation create a unique risk, then you may have a workers’ compensation claim if you are injured.
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.
