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Workers’ Compensation Commission denial of benefits

The Appellate Court recently overturned the Workers’ Compensation Commission denial of benefits for a worker who fractured her left arm when she fell at home, shoveling snow and ice in her driveway.  The worker’s company provided a company vehicle to pick up co-employees to transport them to job sites, and she had returned home for lunch when the accident occurred, but was to go out again for another job assignment after lunch.

In reversing the Commission decision, the Appellate Court held since the employee did not have a fixed job site, and required her to travel to various locations, that her conduct was reasonable and foreseeable by the employer.  Thus, according to the Court, she was a travelling employee.  In so holding the Court found that she was exposed to hazards greater than that of the general public due to her travel schedule.

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Did You Know

Illinois is an “at will” employment state, that means that in the absence of a collective bargaining agreement or a employment contract, you can be fired for any reason as long as the basis for firing is non-discriminatory or otherwise in violation of the law.

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