Illinois Supreme Court Provides Big Win for Working Families

On September 24, 2020, the Illinois Supreme Court issued a decision that provides relief for working families in the State of Illinois, whose loved ones or sole-providers have been injured on the job and have been denied benefits.

In the last few years, there has been a line of cases issued by the Illinois Workers Compensation Commission (IWCC), stating that injured workers would be denied benefits if their injury occurred due to “common bodily movements or routine everyday activities,” unless the worker could show that they’re exposed to this risk to a greater extent than the general public. This includes injuries such as bending twisting, reaching, or standing up from a kneeling position.

IWCC Decision Overruled

In the McAllister case, a sous chef injured his knee while standing up from a kneeling position. It was undisputed that the sous chef was in a kneeling position because he was looking for a lost tray of food inside a walk-in cooler.  The IWCC denied McAllister benefits stating that it was an everyday common occurrence and therefore did not arise out of his employment.

The Illinois Supreme Court overruled that line of cases, also known as neutral risk cases.  They ruled that common bodily movements, including everyday activities, are compensable and employment-related if the common bodily movement had its origin and some risk connected with, or incidental to, employment thus, creating a causal connection between the employment and the accidental injury.

The court said that the law would no longer require an injured worker to provide additional evidence establishing that the worker was exposed to the risk of injury to a greater degree than that of the general public, as long as the worker proved that he was involved in an employment-related accident.  In the McAllister case, the injured workers’ knee popped as he was getting up from a kneeling position. The worker was in the kneeling position because he was performing a work-related activity while looking for food.

Not only did the court make this ruling and overrule prior cases, which wrongfully denied injured workers families desperately needed benefits while they’re off work, but the court also went out of its way to remind the IWCC and other courts within the workers’ compensation system that the Act in the state of Illinois is a remedial statute and should be liberally construed.

The “Grand Bargain”

Over 100 years ago, a law was passed in which injured employees in the state of Illinois were prevented from suing their employers for acts of negligence or when they’re injured on the job. In exchange for giving up the right to seek compensation in a court of law, the Act provided benefits for workers who were injured on the job regardless of the fault of either party.  This is commonly known as the “grand bargain.”

As a longtime practitioner in the IWCC system, I have found that the spirit of the “grand bargain” has been lost, weakened, and sometimes outright excluded to the detriment of the injured worker, as a result of outside pressures from lobbying organizations, such as the Illinois Manufacturers Association and the Illinois Chamber of Commerce.

The McAllister decision should, and will, be used by everyday Workers’ Compensation practitioners in reminding courts that the IWCC Act is designed to protect injured workers, and it should be liberally construed to provide the proper protection when the working men or women and their families in the State of Illinois need it most.

Injured on the job? We can help.

If you or someone you know is injured while working or have questions about a potential injury claim, contact Shannon Law Group.  Our injury attorneys’ are here to help you ensure your rights are protected.