Reversing the denial of benefits to a county courthouse employee, who caught her two-inch heel in a crack in the sidewalk just outside the courthouse door as she returned from a work-related meeting in a nearby building, an Illinois appellate court found that the employee faced a special risk or hazard—the defect in the sidewalk—at the time of her injury. Because that special risk or hazard existed at a point that was the sole or usual route to the employer’s premises—other doors were locked at that time of day—it did not matter that the general public faced the same risk, said the court. Because the demands of the employee’s job required her to attend meetings in a nearby administrative building, her risk of injury on the defective sidewalk was greater than that faced by the general public.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Brais v. Illinois Workers’ Comp. Comm’n, 2014 Ill. App. LEXIS 305 (May 8, 2014) [2014 Ill. App. LEXIS 305 (May 8, 2014)]
See generally Larson’s Workers’ Compensation Law, § 13.03 [13.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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