When an Act of Everyday Living (ADL) can become a workers’ comp claim

Below is a clip from the Illinois State Bar Association regarding the issue of whether a "risk" of injury is common to everyone in the general public (a "neutral risk" therefore not work comp) or if it is essential to the job, and therefore is covered by work comp.  But, what does this really mean? 

 Here is an example:  Imagine a woman is at work and she's walking down the stairs to deliver a document to a co-worker.  While walking down the stairs she slips and falls.  The question is whether the risk of injury (falling down stairs) is one the general public is exposed to (a neutral risk) as opposed to a risk associated with the work.  To decide the issue we have to ask a few questions?  Were there defects with the stairs?  Did she slip on anything?  Was she carrying anything (weight, dimensions)?  Did she have to rush down the stairs to meet a deadline or respond to a crisis? How many times a day was she required to go up and down the stairs?  All of these factors could turn a risk that’s not greater than that to which the general public is exposed into a risk that falls within the Workers' Compensation Act.

 If you are hurt on the job and need answers then call the Law Office of Keith Short, P.C.  We can answer your questions.

 (See:  Young v. The Illinois Workers' Compensation Commission <http://eservices.isba.org/12all/lt.php?c=6903&m=7676&nl=1&s=84251acaed4edb6909095f6ae9c2f436&lid=105028&l=-http--www.illinoiscourts.gov/Opinions/WorkersComp/2014/4130392WC.pdf> , 2014 IL App (4th) 130392WC (July 7, 2014) Edgar Co. (HARRIS) Reversed and remanded.

Where a risk is distinctly associated with a claimant's employment, it is not a neutral risk. When claimant was performing acts employer might reasonably have expected him to perform incident to and in fulfillment of his assigned duties, injury occurring during performance of those acts arose out of work and was causally connected to his work. (HOLDRIDGE and HOFFMAN, HUDSON, and STEWART, concurring.))

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