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By a bumper: woman just barely qualifies for workers' comp

Even if something happens by the slimmest of margins, that means it still happened, right? Well, this adage was especially important for a woman who was attempting to receive workers' compensation benefits. The circumstances are abnormal and even though they did not occur here in Illinois, they are still very important for anyone who has dealt with or is dealing with a tough workers' compensation application.

The woman in this story was leaving her workplace in Sept. 2012. After she clocked out of her shift as a dealer at a Harrah's Casino, she went to her car in the parking lot. She pulled out of her space and approached the exit of the lot when she got into a car accident. The accident occurred in such a way that her vehicle was only a foot over Harrah's parking lot.

An appellate court recently ruled that the woman should indeed receive workers' compensation for the ordeal. The court justified this decision by saying the woman was still in the course of her employment, and that despite the fact that her shift was over, an employee is "considered to be on the job until they leave their place of employment." Since her car was still on company property, the court sided with the woman.

It may seem like a technicality, but workers' compensation is supposed to be for the benefit of the employee. A liberal interpretation of rules should be used -- and as the attorney for the woman noted, this is important for employers and courts to embrace.

Source: USA Today, "Casino dealer wins workers' comp fight by a foot," Jim Walsh, Jan. 22, 2014

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