Illinois: Slip and Fall on Wet Pavement in Employer’s Parking Lot Not Compensable

Where the employer’s parking lot was free of any ice or snow and had no defects on the paved surface where the claimant fell, but was merely wet from rain, claimant’s injury in a slip and fall accident arose from an activity of daily living and did not result from an employment-related risk or from a neutral risk to which the claimant was at increased exposure as a result of her employment, held an Illinois appellate court. There was no evidence that claimant had been rushing to complete a work task. Nor was she carrying items required for her work. Accordingly, her claim for workers’ compensation was appropriately denied.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Dukich v. Illinois Workers’ Comp. Comm’n, 2017 IL App (2d) 160351WC, 2017 Ill. App. LEXIS 590 (Sept. 19, 2017)

See generally Larson’s Workers’ Compensation Law, § 13.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law