Illinois Workers’ Compensation does not follow the positional risk doctrine.
This means that you are not given workers’ compensation just because you are hurt at work.
You must prove that there is enhanced or increased risk due to the job that leads to your work injury.
One example is a person sitting in their office and a car jumps the curb and crashes into the building injuring them.
The person in the office would not be found eligible for workers’ compensation benefits as a result. The reasoning is that sitting at a desk does not increase your risk of being hit by a car.
Another is example is someone who falls on the employer’s property due to ice and snow. Illinois courts have allowed for recovery in these cases.
Or if a person is carrying work supplies and they slip and fall on stairs. This is a work comp case because carrying the work supplies increased the risk of falling.
Other arguments can be made that repeated activities such as walking and standing, injuries that happen on the employers’ property and specific work activities all increase the risk of being injured.
If you are injured as a traveling employee, then most activities are covered.
Questions about your work injury? Feel free to contact Illinois Workers’ Compensation Lawyer Dirk May at 309-827-4371.