By Russell Haugen
There is a general assumption that injuries must occur "at work" and "during regular work hours" in order for an individual to be eligible for workers' compensation benefits in Illinois. Although this general assumption is true, there are many exceptions to this rule.
What happens if you are injured after you clock out from your shift? What happens if you are injured on your way into work? What happens if you are injured while on a lunch break or smoking break? As you can see, there are plenty of situations that test the bounds of this general assumption.
One situation that finds itself outside this general assumption is when a person is injured in a parking lot while going into or leaving work. Although this type of injury could be considered not "at work" or not "during regular work hours," it is an injury that could qualify you for Illinois workers' compensation benefits. However, in order for this to be true, there are several factors that must exist.
First, there has to be some relationship between the parking lot and the employment. It must be shown that the employer provided the parking facility where the injury occurred. This does not mean that the employer has to own the lot; rather, it means that the employer must have some control or direction over the area. If it is a lot that has shared ownership, but your employer pays for part of the maintenance and upkeep, that would be enough to show there was an employment relationship.
Secondly, the injury must occur within a reasonable time before or after work. In other words, it doesn't have to be at the moment you are clocking into or out of work, but it has to be close to that general time. The Illinois courts have not established a bright line as to what is a reasonable time before or after work. In one case, an employee slipped and fell on ice in his employer's parking lot approximately one hour before his shift started. This was determined to be a work-related injury because he always arrived at work an hour early and the employer was responsible for the maintenance of the parking lot. However, in a case that was decided in favor of the employer, an employee went to a nearby bar after work, and after several hours passed she returned to her car which was still in the company parking lot and fell. The courts decided that the three hour gap between the end of work and the injury was too long to relate the fall to the employment.
Thirdly, the injury must be caused by a defective condition or hazard that exists on the premises. In many cases, the injury is caused by icy or snowy conditions that exist on the parking lot. However, injuries that are caused by defective curbs or dangerous potholes can also be included. If the injury is caused by something "personal" to the employee, not something that can be attributed to the condition of the parking lot, these are generally not considered to be workers' compensation accidents.
Lastly, and most importantly, the employee must show that their employment put them at an increased risk of injury. In cases where the injury occurs in a lot that is only accessible to the employees, the increased risk element can be easily satisfied. However, this element is challenged when the general public has access to the parking lot. If the employee can show that their employer directed them or limited them to certain areas where they could park, the increased risk element will most likely be satisfied. For example, a restaurant employee was injured when she slipped and fell on ice in her employer's parking lot. The lot was also being used by the patrons of the restaurant. The Illinois courts determined this was a workers' compensation injury because the employer instructed all the employees to park in the back of the lot. By directing the employees where to park, the employer put them at an increased risk of injury.
As you can see, there are many factors in determining whether these types of injuries can be considered workers' compensation accidents. As such, these are some of the most highly contested and disputed cases in Illinois workers' compensation law. Contacting an attorney who specializes in workers' compensation law is your best option in fighting these types of claims.
Contributing author Russell Haugen is a lawyer with Woodruff Johnson & Palermo Injury Law Offices
