A potential client asked:
If I got sick and work and vomited and the force from the motions injured my back and am now off work needing injections in my back and MRIs is that a workmans comp case?
That’s a really good question and interesting scenario. And like many Illinois workers’ compensation questions we get, the answer is “depends.”
Just being at work and getting injured doesn’t mean you have a case. You have to show your injuries arose out of your job duties as well as that they happened in the course of your job duties. In plainer English this means that to win a case you must prove you were doing your job when the accident took place.
In this case, the client threw up, but the question is why. If it was because of the stomach flu then he has no case. That wouldn’t have been an injury that arose out of his job duties. On the other hand, if he threw up after seeing a dead body during a job investigation or from inhaling noxious fumes or after getting sick in the hospital they work in then it would likely be a case.
The bottom line is that when we discuss a case we ask probing questions as this is how you tell if you have a claim or not. But never assume that you don’t have a case because you were doing an activity that could have happened anywhere. Every case is fact specific and after listening to your unique facts, we’ll let you know what we think. We’ll never tell you what you want to hear to make you feel good, but we’ll always tell the truth.
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.