Called Into Action--On-Call Employees in Illinois
Workers’ compensation insurance covers injuries that happen when you are on the job, but with some jobs, it is not so clear when you are working and when you are not. Employees that are on call for their employers are waiting to be called into action, but not exactly working. When and if an on-call employee is back on duty and back within the workers’ compensation coverage, is a question to be determined in each case.
Typically, an employee that is on call for the company is standing ready to work, but is not necessarily working during the periods of time that he or she is waiting. The employer has to actually call the employee into action, for the status to change. If you may be called to work, and you have your cell phone by you to get the call, that is likely not enough for an injury to be covered under worker’s compensation.
But when you are specifically called into action by your employer, at that point there is a shift in your status. When you are once again under the control of your employer, then an accident that happens is more likely to be considered a work accident.
Police officers face a different situation when they are on call or even when they are off duty. They can be called into action to perform job duties by more than just a call from their employer. They can observe situations out in public that create a need to spring into action and perform their duties as an officer.
Whether the police officer is off duty and sees a troubling situation, or whether he or she is on call and monitoring the radio in case a scenario arises that should be responded to, the result may still be the same. If a police officer’s job duties provide for vigilance and action whenever necessary, then the officer does not necessarily need to be specifically called to action in a particular situation for the situation to be covered by workers’ compensation insurance in the event there is an injury.
It is really the same analysis as other on-call employees. Did the employer have authority over the employee at the time of the injury? If the answer is yes, then you are more likely to have your injuries covered as job-related. Your employer could have authority because you were specifically summoned back to work while you were on call.
Or your employer could have authority over you because, in the example of the police officer, your job contemplates you will act when needed to help others.
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 questions or find the right lawyer for your situation.
