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Snacktime! The Personal Comfort Doctrine
Sunday, August 21st, 2011
According to the Illinois Workers’ Compensation Act, for an injury to be compensable the actions which led to the injury must “arise out of” and be “in the course of” one’s employment. If the wounded employee suffered an injury at work, then usually, the “in the course of” prong has been met. Generally, an act that causes injury arises out of the employment if the act is particular to the employment or the employee has been exposed to a risk greater than that which the general public has been exposed.
I only mention the classifications above, and defined them very loosely, to highlight an exception that falls within those two prongs. The personal comfort doctrine allows some injuries that occur while the employee tends to business not immediately related to the employment to be covered under the Illinois Workers’ Compensation Act. For example, the courts have found that accidents suffered by the employee while eating lunch on the employer’s premises, getting injured by a vending machine, using the bathroom, taking a cigarette break, or resting have been compensable. Courts have even found that employees have been entitled to benefits while playing Frisbee on an employer’s premises.
The point is, you may have a valid claim even if you were just using the loo when you suffered the accident.
– Morgan C. Klein, Attorney
