Injuries driving to work in Illinois are not usually covered, but . . .
In general, if you are driving your car to work to start your day or home after a long days work, injuries that you sustain in a car accident are not covered under the Illinois Workers' Compensation Act. There are, however, a few exceptions.
1. If you are a "traveling employee" and driving to or from a client site, injuries from a car accident would likely be covered because you are benefiting the employer. An exception would be if you "deviated from your normal route." e.g. If you were driving to a client meeting, but stopped at the mall to go shopping. An injury there would not likely be covered.
2. If you are carrying materials for your employer. In a recent case, a construction worker loaded materials in his truck at the end of the day to bring back the next day. Because this activity benefited the employer he was able to win benefits when he was in an accident.
3. We have seen cases where employees drive around company cars that essentially serve as an advertisement for the company. You've surely seen cars with websites and phone numbers all over them. When this happens and you are in an accident while driving, a strong argument can be made that promoting the company was part of your job.
The general theory around all of these cases is that the employer "expands the range of employment" by having transportation be used for the benefit of the company. If you think that is what happened to you let us know and we will tell you if we think that you have a case.
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.
