Is there an employer-employee relationship?
Employer – 820 ILCS 305/1(a) Employee – 820 ILCS 305/1(b) Look for special relationships such as independent contractors, loaned or borrowed servants, volunteers, corporate officers, partners, statutory employer and minors. • Is there an accidental injury which arose out of and in the course of employment? An injury “arises out of” one’s employment if its origin is in a risk connected with or incidental to the employment; Problem areas: heart attacks, repetitive trauma, aggravation of a pre-existing condition, assaults and idiopathic falls. In the “course of employment” refers to the time, place and circumstances of the accident. Problem areas: Deviation from employment, traveling employees, parking lots, company premises and athletic and social events. These can be difficult issues to resolve and careful research of the case law and review of available treatises is required. • Was proper notice of an industrial accident given to the employer? Notice must be given to the employer no la
