What Does It Mean for An Injury to Arise Out of the Course of Employment ?

In Caterpillar v. Industrial Com., 129 Ill. 2d 52, 541 N.E.2d 665, 133 Ill. Dec. 454 (1989), the court provided an analysis of what it means for an injury to arise out of the course of employment. Caterpillar, 129 Ill. 2d at 58, 541 N.E.2d at 667. In Caterpillar, an employee injured himself while stepping off a curb in the employer's parking lot. The first step the court took was to consider whether the employee's injury resulted from the condition of the premises. Caterpillar, 129 Ill. 2d at 59, 541 N.E.2d at 668. The court noted that the employee did not skip, trip, or fall; he simply stepped off the curb and twisted his ankle. Caterpillar, 129 Ill. 2d at 60, 541 N.E.2d at 668. It held that the injury did not result from the condition of the premises as there was no evidence that the curb was either hazardous or defective. Caterpillar, 129 Ill. 2d at 60, 541 N.E.2d at 668. The court then considered whether the employee was subjected to a greater degree of risk than the general public due to his employment. Caterpillar, 129 Ill. 2d at 60, 541 N.E.2d at 668. The court found that the risk take by the employee in traversing the curbs was the same as that of the general public and, therefore, did not arise out of the course of his employment. Caterpillar, 129 Ill. 2d at 62, 541 N.E.2d at 669.