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Disability Law

: Doherty & Progar Workers' Comp

Illinois Employee Failed to Prove That Injuries Due to Fall Arose Out of Employment

By Michael Progar

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In First Cash Financial Services v. Industrial Commission, 367 Ill. App. 3d 102, 853 N.E.2d 799 (2006), the employee was injured when she slipped and fell entering the bathroom at work. She testified that she did not know what caused her to slip and she did not see anything on the floor. There were no witnesses to her fall. The court found that the employee had failed to meet her burden of proving that her fall was caused by a risk associated with her employment, as opposed to a neutral risk to which the general public is equally exposed. Therefore, her injury was not compensable.
Offices located in Illinois, Wisconsin, and Indiana.

Full post as published by Doherty & Progar Workers' Comp on January 26, 2007 (boomark / email).

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