Suffering an injury at work is one of the most stressful, inconvenient, and difficult experiences that you can face, even if the injury is relatively minor. One of the most vital aspects of ensuring that you receive the full amount of benefits that you deserve is to show that the injuries you suffered arose out of your job duties and were part of the course and scope of your employment. A seasoned Illinois workers’ compensation lawyer can help you ensure that you put your best case forward. As a recent appellate opinion shows, failing to show that the injury arose from your job duties can create serious issues when it comes to recovering benefits.
The claimant initiated a claim for workers’ compensation benefits after she suffered an injury while working at a high school. In her claim, she alleged that she sustained injuries to her right hip, shoulder, and face after falling on wet pavement while walking to the parking lot during her lunch break. An arbitrator reviewed the claim, determined that the injuries occurred during the scope and course of her job duties, and awarded the claimant temporary total disability benefits.
The high school appealed the arbitrator’s ruling, and the Illinois Workers’ Compensation Commission overturned the grant of benefits, finding that the injuries were not results of a risk related to the claimant’s job duties. The Commission stated that the claimant had failed to prove that the injuries arose out of her employment. The claimant appealed the determination to a trial court, which affirmed the decision to deny benefits. The claimant appealed.