Personal Injury Law Blog
Appellate court rules worker’s injury in fall compensable
The Appellate Court of Illinois reversed the judgment of a trial court in a workers’ compensation case, ruling that the worker’s injury in a fall was compensable.
The claimant, Jane R. Brais, suffered an injury to her wrist when she tripped on a faulty sidewalk outside the Kankakee County courthouse, where she worked in the circuit clerk’s office. The trial court affirmed the arbitrator’s decision to deny benefits because the injury did not arise out of the worker’s employment. However, the appeals court reversed and remanded the cause case to the Illinois Workers’ Compensation Commission.
The appeals court found that the claimant was required to attend a meeting at a nearby building and was returning to work through the only entrance that was open at the time. The court found that the cracked sidewalk was a contributing cause of the worker’s injury and that it was a special hazard. The court also said that using the cracked sidewalk was a hazard that was part of the worker’s employment; even though the public also used the sidewalk, the employee was exposed to a greater risk than the public because of the demands of her work. The court said that the only reasonable inference based on the evidence was that the worker’s injuries arose out of her employment.
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