Work injuries outside of the workplace can be covered
The Illinois Workers’ Compensation Commission recently sided with an employee who was injured while on break. This doesn’t mean every worker on break is covered, but it confirms that it depends on the specifics and benefits might be available depending on the circumstances.
In this case, an Illinois police officer fell and suffered an injury in his driveway. He was on lunch break at his home and slipped on snow or ice on his way back to his squad car. His claim was challenged, but he ended up getting workers’ compensation benefits. The key was that he was on-call the entire time, even though he was at home.
One of the key facts that made his injury a work injury was that he was on call throughout his lunch break. (Officers were permitted to have lunch breaks at home if within city limits.) Also in his favor was the fact that there have been similar cases in Illinois in the past, where the arbitrator sided with the injured worker. These cases not only mention the fact that the officers were on-call, but the fact that they were in uniform and could have had to return to their squad cars to answer a call at any time during their breaks.
These cases confirm that a work injury doesn’t need to happen at work and can even happen during a break if you’re still on call or providing a similar service to your employer. Generally, if you are doing something for your own benefit, even if during work hours, it’s not necessarily covered. It’s important to consider whether, during a break, an employee is still “in the course” of their employment. The same is true for location. If you are running an errand for your boss, you should be covered for an accident that happens while you’re out running the errand. If you decide to take a detour to run your own errand, it likely won’t be covered.
It’s a gray area, and if you find yourself in this type of situation, don’t be surprised if the insurance company denies your claim for benefits. Don’t give up if you believe your injury was caused by your employment. Request a hearing and let the arbitrator decide.
We are workers' compensation attorneys who 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.
