Workers’ Compensation Commission Rules in Favor of Worker Injured on Work-Related Car Trip
Chicago, IL (Law Firm Newswire) May 22, 2013 – In a recent case, the Illinois Workers' Compensation Commission ruled that an injury sustained during a car accident at the end of a work day was compensable.
In the case, Goss v. North Shore Trust & Savings, the petitioner, who was a director of investments, drove to a retail store at the close of business to purchase a rug for her employer's booth at a local business exposition. On the way to the store, she was involved in a car accident and suffered injuries. The commission affirmed the decision of the arbitrator that she was entitled to workers' compensation benefits.
“It is important for injured workers to understand that they may be eligible for workers' compensation benefits even for injuries sustained outside of regular work hours and off work premises,” said Chicago workers' compensation attorney Robert Briskman. “The crucial factor is that the injury must arise out of and in the course of employment.”
The arbitrator in the case found that the nature of the investment director's employment often made it necessary for her to leave the employer's office and travel outside of regular business hours in order to participate in work-related events. In addition, she had been granted discretion to purchase necessary items for such events to promote the interests of the employer. There was no evidence that the director was traveling to the store for any purpose other than to purchase the rug for the employer's booth, and the store was not in the same direction as her residence, so she was not merely stopping by the store on her way home.
According to the arbitrator's decision, affirmed by the IWCC, the director sustained her injuries while she was acting for her employer's benefit and her travel to the store was foreseeable and reasonable in the course of her duties.
Under Illinois law, when an injured worker files a claim with the IWCC, an arbitrator may conduct a trial to decide the case. After the arbitrator has issued a decision, the employer and the employee each have the right to appeal the decision to a three-commissioner panel of the IWCC. The panel reviews the evidence anew.
Robert Briskman is a Chicago workers’ compensation attorney and Chicago workers compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/
Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
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