Lieutenant’s Slip-And-Fall Injury In Parking Lot Merits Award

Case name: Behnke v. Bannockburn, Village of /Police Dept., 12 ILWCLB 70 (Ill.Ind.Comm. 2004).

Ruling: The Commission affirmed the arbitrator’s decision awarding benefits to a police lieutenant who suffered a slip-and-fall injury in a parking lot in front of a food store. The lieutenant’s job description required that he make security checks in the early morning hours regardless of the weather conditions.

What it means: A police officer’s injuries sustained in a public store parking lot are compensable where he is performing tasks specifically designated within his job description.

Summary: An on-duty police lieutenant parked in a lot in front of a food store shortly after 6a.m. His designated patrol duties included security checks of village business at opening and closing time. As he crossed the parking lot in freezing rain to enter the store, he slipped and fell on black ice. The arbitrator awarded benefits, reasoning that the claimant was performing tasks specifically designated within his job description- crime prevention- in weather conditions which his job description mandated he work within. Unlike the general public, which could choose not to go out in freezing rain at 6 a.m., the claimant’s job duties and job description required him to do so. As such, the claimant’s injuries arouse of and in the course of his employment. Upon review, the Commission affirmed and adopted the decision of the arbitrator.

Dear valued clients:

Our office is aware of the Covid 19 situation and is taking measures to keep our staff safe during these difficult times. For the immediate future, we will not be meeting in person with any of our clients. However, all of our clients can reach us by telephone, email at chicagolegalnet@yahoo.com or by facsimile at 630-451-9477. Our office remains open and we will continue our work as usual. We feel this is best for everyone concerned.

If you have recently suffered an injury from a work related accident and would like to retain our services, the entire process can be done by telephone, electronic and/or regular mail. We have operators available 24 hours a day, seven days a week. Please feel free to contact us anytime at 312-661-0450 and speak with one of our experienced and knowledgeable attorneys. Once this is has passed, we will gladly meet with you in person to answer any questions or address any concerns you may have.

Thank you for your patience and consideration. Be safe and stay healthy!

Regards

Donald Fohrman
Donald W. Fohrman & Associates, Ltd.