Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

Sometimes a good deed does not get punished.

In a recent case (not handled by our office), a worker at the now closed Circuit City was walking by a vending machine and noticed that his co-worker was frustrated because she couldn't get the Fritos she had paid for from the vending machine.  Apparently management was on notice that the machine would malfunction.  The worker, being a good guy, tried to dislodge the dangling Fritos and hit his shoulder into the machine.  As you can probably guess, a shoulder injury was the result.

The employer's insurance company denied benefits stating that this injury had nothing to do with the job.  After years of court rulings, the Illinois Appellate Court recently ruled that even though the worker's job didn't involve slamming his shoulder in to a vending machine, because he was a "Good Samaritan" he should receive benefits.  In a nutshell, the Judges said that it was predictable that someone could get hurt while trying to help a co-worker.  Even though he wasn't rescuing someone in the traditional Good Samaritan sense, he wasn't goofing off.  As a result he won.

The Court also said that because the vending machine was provided for the comfort of the employees, that had the injured worker been trying to help himself he likely would have won his case too.

Every case is different so we don't suggest that you ram your arm into a vending machine if a candy is stuck.  But the reality is that if you try to shake the machine, give it a hit with your hand and then butt it with your shoulder, if you get hurt you will likely win benefits.

Finally, we can imagine if this were to happen that an employer or their insurance company would tell the worker that they are not eligible for Illinois workers' compensation benefits because the injury wasn't a part of their job duties.  It's just another lesson that you shouldn't take the word of someone who tells you that you have no case, especially if they might have a financial motivation to tell you that.

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.

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The Illinois Appellate Court recently ruled in favor of a Circuit City employee who hurt his shoulder in an incident with a vending machine.  The worker in this case was helping a co-worker who put money in the machine and had a bag of chips stuck in the machine.  To help the co-worker out he jarred the machine injuring his shoulder.

Now nothing about his job had to do with jarring the vending machine that was made available to both employees and the public.  But the court held that it is reasonably foreseeable that a worker would help a co-worker in this type of situation.  As a result Circuit City is on the hook for all of his lost time, medical bills and the permanent nature of his disability.  If he isn't released to full duty work, the insurance company with have to offer vocational rehabilitation because as you likely know, Circuit City is out of business.

Our take is that the Courts in Illinois aren't going to punish workers that get hurt while trying to help out.  In fact the Appellate Court even cited the Good Samaritan Law as why this worker should get 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.

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It is not unusual for someone to have a bad back, sore arm, stiff knee, etc.  Especially as you get older the acts of daily living can wear your body down.  Many people also have problems due to past injuries.  We have represented a lot of clients who in the past have had non-work related back surgery, rotator cuff surgery, carpal tunnel and knee injuries.  These clients came to us when something about their job caused these pre-existing problems to flare up.

Under Illinois workers' compensation law, a pre-existing condition does not bar you from receiving benefits.  If your job aggravates or accelerates a pre-existing condition you should receive Illinois work injury benefits. 

In other words, your employer takes you as they find you.  If you had back surgery last year from a fall at home and then start a new job where you do some lifting and re-injure your back, the pre-existing condition should not reduce any rights that you have under the law.

Similarly, if you tore your ACL years ago and then twist the same knee when you slip on the floor at work, that is  a new case.

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