Illinois workers compensation- After hours injuries for traveling employees
A lawyer we know called us for our opinion about a potential client of his. The client lives out of state, but was in Illinois for work doing construction. After work he went with his co-workers to a local bar. He had one beer and began to feel light-headed and his tongue went numb. The next thing he remembers is that he woke up in the hospital. He had walked out of the bar, in to the street and was hit by a car. He believes that his drink was spiked, but has no proof of that.
Under Illinois workers compensation law, most injuries sustained by traveling employees are covered as work related injuries, even if they occur after work. In one famous case, a man went to Hawaii for a business trip and in his free time took a bike tour through a volcano. He had an accident and received Illinois workers' compensation benefits.
The theory behind this law is that it's foreseeable that a traveling employee would go out and enjoy themselves. The exception is when an employee gets drunk as it is supposedly not foreseeable that would happen. We think the courts ruled this way because they don't want to reward accidents from bad behavior.
In this case the guy didn't get drunk (apparently his boss was there and confirms that he only had one beer), but can't prove that he was drugged as nothing showed up in his system at the hospital.
Our take is that unless hospital records show he was in fact drunk or under the influence of recreational drugs (e.g. cocaine, heroin, etc.) then he will be treated like any other traveling employee who is hit by a car crossing the street. It's reasonably foreseeable that could happen and as a result he should win benefits.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact Us and we will answer your question or find the right lawyer for your situation.
