Comp covers cashier injuries caused by out of control vehicle

In Illinois, the location of a worker within the building where she performs her work duties can expose her to a greater risk of injury than the general public.

Case name: Margaritis v. 95th Produce Market, 19 ILWCLB 199 (Ill. W.C. Comm. 2011).

Ruling: The Illinois Workers' Compensation Commission held that a cashier's injuries sustained when she was struck by a vehicle that crashed through her employer's wall arose out of her employment.

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What it means: In Illinois, the location of a worker within the building where she performs her work duties can expose her to a greater risk of injury than the general public.

Summary: A cashier at a produce market was injured when a driver lost control of his vehicle and crashed through the window wall of the market. She was struck by the vehicle. The cashier was working at her register, located in the front of the store close to the large glass windows facing the parking lot. The driver of the vehicle was a delivery person who brought Polish-language newspapers to the store five days a week. The workers' compensation arbitrator found that the cashier failed to prove her injuries arose out of her employment. The commission reversed and awarded benefits.

While the accident also caused injuries to customers, the commission found that the cashier was at a greater risk of injury than members of the general public. Her job duties required her to spend almost the entire workday in the front of the store. Therefore, her injuries arose out of her employment.

Read more at the WorkersComp Forum homepage.

February 16, 2012

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