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Comp doesn't cover worker's collision with tree in employer's parking lot
In Illinois, an employee is not entitled to benefits if his activities did not expose him to an increased risk of injury.
Case name: Embry v. Illinois State University, 19 ILWCLB 166 (Ill. W.C. Comm. 2011). Ruling: The Illinois Workers' Compensation Commission denied benefits to a worker who was injured in a vehicular accident in the parking lot before the start of his shift because he failed to prove the accident arose out of his employment.
Summary: A building maintenance worker for a university was pulling into a parking lot that was close to the building where he worked. The lot was owned by the university and could only be used by faculty and staff during the week. He said it was foggy when he drove to work, and as he pulled into the parking lot, he bent down to find the defogger button. He believed he "cranked his wheel" and ran into a tree that was inside the lot. His head struck the windshield, and he alleged head, neck, and arm injuries. He admitted to drinking two to three beers at least an hour and a half before the accident. The commission found the claimant's accident was not compensable. The commission found that the worker's use of the university's parking lot did not expose him to an increased risk of injury. The worker acknowledged he was not required to park in any particular spot in the lot. The commission concluded that the worker failed to prove the accident arose out of his employment. Read more at the WorkersComp Forum homepage. December 15, 2011 Copyright 2011© LRP Publications |
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