When an employee is injured while forced to perform his duties in a tricky and physically cumbrous position and manner, he can be awarded worker’s compensation benefits, if his aforesaid activities increased his risk of suffering injury while at work. See Employee wins benefits for injury while working in awkward position. Illinois Workers’ Compensation Law Bulletin, Volume 29, Issue 7, June 11, 2021, pages 2-3.[1] The case discussed in the article, Henderson v. Illinois State University, 29 ILWCLB 68 (Ill. W.C. Comm. 2021), involved a custodian and/or janitor who was injured while cleaning inside an elevator at one of the buildings on the university’s campus.[2] While cleaning the elevator’s interior, the employee was forced, due to preexisting back issues, to clean the bottom sections of said elevator’s internal walls while kneeling on one knee, and clumsily scooting himself along the floor of the elevator, as he systematically cleaned the lower inside walls. When he attempted to stand up from his kneeling position, the employee felt a twinge of pain in his back and, grabbing the inside railing that ran along the middle of the elevator’s internal walls, in order to assist himself in standing up, the employee felt another, more painful twinge in his right shoulder.[3] The employee was diagnosed with a rotator cuff tear, and shortly thereafter filed a claim for benefits. At arbitration, the employee was awarded temporary total disability (or “TTD”) benefits, permanent partial disability (or “PTD”) benefits, and money for his medical expenses.[4] The arbitrator found that the employee suffered a work-related accident while in the course of his employment, especially since the employee was required to continuously perform his job in an awkward and difficult manner, which in turn resulted in an increased risk of injury that was an integral aspect of his work as a custodian and janitor. On review, the Commission affirmed and adopted the arbitrator’s decision in its entirety.[5] Not only was this probably satisfying and validating to the employee, the decision of both the arbitrator and the Commission seemed also to be an indication that the recognition of inherent dangers and risks of injury associated with certain jobs is an important part of determining whether to award benefits to a claimant.
Attorney Matt Ludwinski
[1]See Employee wins benefits for injury while working in awkward position, Volume 29, Issue 7, June 11, 2021, pages 2-3.
[2]See Id at 3.
[3]See Id at 3.
[4]See Id at 3.
[5]See Id at 3.