If it Happens at Work, it’s covered under the Illinois Workers’ Compensation Act, Right?! Not exactly!

Many people believe that if they are injured while on the employer’s premises than it is automatically a work related incident and covered under the Workers’ Compensation Act. However that is not the case.

In order to be entitled to benefits under the Workers’ Compensation Act in Illinois you must prove that the injury “arose out of” and “in the course of” your employment.  The Courts and Illinois Worker’s Compensation Commission have found that this means you, as the injured worker, have to establish that there is an “enhanced risk” due to the employment.

For example, in a recent case, a gentleman was injured when turned his head to the left.  He testified that he was not lifting anything, nor did he fall.  The Commission found that he “turned left” and noticed severe pain.   The Commission found that this was not an enhanced risk and found that he was not entitled to benefits under the Act.

It is important for injured employees to have an accurate understanding of how they were injured as the slightest detail can determine the compensability of a claim.  An experienced attorney can help an injured worker focus on the details that matter in determining whether the worker is entitled to benefits.