A workers’ compensation case recently decided in Illinois put a hotel housekeeper on the defensive about the relevance of her job duties.  She was hurt while bending over and making beds as part of her work day, and was apparently told that this activity was no different from what others do in their daily lives, and so she could not access workers’ compensation benefits.  Fortunately, at the end of her case, her position won out, and she was able to recover.

The housekeeper, among other duties, was responsible each day for changing the sheets on many king-size mattresses.  Even more specifically, she was required to bend over and lift each corner of the mattresses while folding the sheet around the mattress corners in a particular way.  In the process, she ended up with severe back pain and was diagnosed with a bulging disc.

Even though most people make beds in their daily lives (or weekly lives), this job was no ordinary bed-making.  Had the worker been making beds in the way and with the frequency that people do generally, then this might not have been a work-related injury.  But this was not the case.

Instead, she was performing this task much more frequently than even anyone could possibly do at home.  The conditions surrounding the activity were also unique to her job duties.  She could not choose to have a lighter mattress—she had to lift king-size mattresses.  She could not choose to just tuck the sheets around in a way that would have been quicker and easier.  She had to make “hospital corners” with the sheets.  This involved much more prolonged bending and lifting.

The decision came down in the case saying that even though the job duty may be an activity common to people outside the job, it could be a work injury if the risk was unique for the employment.  The housekeeper’s job duties increased her risk of injury, and therefore she was able to recover benefits.

Other workers have similarly been able to show that their injuries were work accidents, though they were seemingly ordinary activities.  For example, where jobs require very frequent bending and stooping, and there is something unique about the circumstances, then this ordinary activity can become a work-related activity if there is an injury.   The cases look to see whether there is something about what you are doing for your employer that increases your risk of injury, and would then entitle you to workers’ compensation benefits.

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.

By Michael Helfand