Workers Compensation Lawyer in Chicago, Illinois Work Injury Attorney

A reader asks:

I am a cashier at a local grocery store.  I stand on a concrete floor every day and by the end of the day my feet are killing me.  If I get medical treatment for this will it be covered under workmans comp?

The answer is probably no.  Illinois courts have ruled that the act of standing, even for a full work day on concrete, is an activity that the general public is exposed to.  If you can't show an increased risk to the general public you lose.

So what would increased risk be?  There are a bunch of cases on this so here are a few examples:

1. Having to walk a long distance.  There is no set distance, but if your job requires you to walk all day and you get a foot injury you probably win.

2. Having to wear steel toed boots or other unusual footwear if this footwear contributes to your injury.

3. Having to walk on uneven surfaces.  We see this a lot on the construction site.  In fact we represented a laborer who had to move materials that weighed over 100 pounds all day on an uneven surface.  He messed up both feet to the point of having surgery with a pin put in his bones to hold them together.  He could never return to that job again.

Those are the three most typical examples.  In general though, whether it's a foot injury or anything else, you should think "does the general public deal with what I deal with?"  If the answer is no then you are likely entitled to benefits.  If you do get benefits, it is our experience that many of these injuries never really get better.  If that's the case your employer needs to allow you to work in a manner that does not affect your problem.

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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We've received a lot of e-mail questions lately from the blog (thanks for that).  Here are five good questions that we thought readers would want to know the answers to:

I fainted at work because the air conditioning was out and hit my head.  Does my employer have to pay my bills?  Generally fainting is not covered unless you can show something about your job contributed to it like having to work in an unusually hot environment.  If that was the case here it should be covered.  FYI, if you had fainted on a scaffold, ladder or other dangerous device, even if the fainting wasn't work related, the fact you were in a dangerous position for your job would make the case a winner.

I have a scar on my face from a work injury.  Does the insurance company have to pay for plastic surgery?  If your doctor thinks it's medically reasonable then yes.  We can't imagine a Judge turning that one down.  If it was on a place like your low back, thigh, etc. it would be more of a challenge.

My job requires me to stand eight hours a day.  I now have tarsal tunnel syndrome.  Do I have a case?  The act of having to stand isn't a case.  However, if you have to stand on uneven floors, walk a great distance, wear protective shoes, etc., that could change things.  

I was in physical therapy for a back injury and during some of the exercises hurt my knee.  What now?  Because you were in PT for a work related injury, the knee injury would be part of that case too.  It's all covered (or will be by the time we are done with it).

Broken foot on the job.  Now my elbow hurts from using crutches.  Is that a  new case?  This happens all of the time and much like the physical therapy example, since the new injury can be traced back to the original injury it is all part of the same claim.

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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