Work Injury or personal Injury

[anewme26]

What is the name of your state (only U.S. law)? IL/IN (I live in IN, work in IL)

I drive the bus for public transportation in Chicago, IL. I was on duty and went into a conveinence store to buy a snack while on "fallback"(break?). Coming out of the store I slipped on ice, and i fell and injured my knee and ankle. I am unsure who is liable, or if it is still considered work related (my employer says it is not). What are my options?

 

[cbg]

Whether or not this would be considered workers comp is going to be very state specific. It can't hurt to submit the claim to the workers comp carrier - the worst that can happen is that the claim is denied, in which case you can always submit the bills to your regular insurance carrier.

 

[ansan12001]

if I were you my agruement for basis of claim would be that because you are not provided a "breakroom" (which would include a restroom) in your workplace, you are forced to take a break whereever you can while on the job. Also, are you being paid while on break? if you are, then you might find some workplace condition law in you state that might help to prove that paid breaks equate to an employee being "on the clock", that can be another agruement...your probaby going to need a lawyer, and you might actually be better off if this becomes a civil suit, then you are not restricted by the tight boundaries and compensation of worker comp legislation.....ethier way, (referrence: IL work comp handbook), your employer is not alllowed under IL work comp law to not "notify" their insurance of a injury reported by an employee (you), whether or not they believe it is work related or not, that is irrelevent to filing a worker comp claim in the state you work in, and were you live is also irrevlevent to your injury, unless commuting to work is part of your job duties (meaning you get paid for it).
-again, get a lawyer.

 

[NLW]

This would be a compensable workers' compensation claim in the state of Illinois. There is a common concept in workers' compensation called the comfort doctrine, which allows compensability of claims for things like going to the breakroom, bathroom, getting a glass of water, etc. Being that you are a traveling employee, getting a snack at a convenience store would fall under that doctrine.