Parking lot injury case awards workers’ compensation to nurse

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Recently, an Illinois Workers’ Compensation decision was made involving a State of Illinois worker, an icy/slippery parking lot, and an authorized break. The result was benefits to the injured worker. In a confusing area of the law, the facts illustrate well how decisions like these are made.

The injured worker was a nurse working for the state of Illinois. As the result of a separate injury, the nurse was already wearing a walking boot. While on an authorized break, the nurse chose to go outside to her car in the employee parking lot. Before exiting the building, the nurse was warned that the weather conditions were very bad and there was ice and snow on the ground outside in the parking lot. Regardless of the warning from her co-worker, the nurse chose to walk to her car and on her way back to the building, she slipped and fell. She injured her right arm.

Originally, she was denied benefits, but the Illinois Workers’ Compensation Commission reversed and awarded the nurse benefits. The Commission helped the nurse to prove that her injury arose directly out of and in the course of employment.

The Commission stated that the nurse was on an authorized smoking break and did not assume an unreasonable or unnecessary risk by going out to her car, despite being warned of the dangerous conditions.

This means that if you are injured within a reasonable time before or after work or while on break at work, the accident may be compensable under Illinois law, which entitles you to Workers’ Compensation weekly benefits, medical benefits, and a settlement for permanent disability.

The decision in this case follows many other cases standing for this proposition.

If you are injured at your place of work while on duty, whether on a break or not, your first step following medical assistance should be to contact the Law Offices of Francis J. Discipio. These workers compensation attorneys can help you get what you deserve in a DuPage County court.

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