Illinois workers’ compensation benefits are available to every injured worker from the moment they start on a job. Pretty much every employee is treated the same way on these cases. There are some exceptions such as firefighters and cops in Chicago having their own system. Another one has to do with traveling employees.

Traveling employees have the same work comp rights as other workers do. They also have some additional rules/rights that make winning a case for them easier. And in some situations what wouldn’t be a case for one worker becomes one for another because they are a traveling employee.

Under the “going and coming rule” you don’t get work comp benefits if you are injured on your way to work or going home from work. That applies to normal workers who are driving to a factory, office setting, school, etc. BUT THERE ARE SOME BIG EXCEPTIONS. Let’s list some of them.

  • If you travel between various job sites for your job. Think of a traveling nurse, home health aid, salesperson, anyone who doesn’t have the same job location every day. A car accident while going to work or coming from work would be covered under the Illinois Workers’ Compensation Act.
  • People on a business trip. Almost any injury that happens while traveling for work is considered work comp. If you are injured driving to O’Hare to catch a flight or while eating at a restaurant in the city you are working in, it’s likely a case.
  • Running errands. If on your way to or from work, you make a work related stop and have an accident, your employer is benefiting from your travel and would owe work comp if you are hurt.
  • Driving a company car with a company logo on it. It has been ruled in some cases that your employer benefits from you advertising their product when you drive which means you are working when you drive the car.
  • Going to or from a business luncheon. If you get hurt running out to grab lunch for yourself, that’s not a work comp case usually. But if you are hurt on your way to meet clients or on the way back, that’s a case. Same holds true if you were sent out to pick up food for the office.
  • Accidents on company owned property. This is really for everyone, not just traveling employees. If you are walking to your car and slip on ice on company owned property, that would most likely be a case too.

In all of these scenarios, the key point is that your employer benefits from your actions. That’s a big component of why you’d likely have a case. And of course this is on top of possibly having a personal injury case against whoever was at fault for the accident happening in the first place.

Our goal is to get work comp benefits for people who deserve them. Beware insurance companies telling you that you don’t have a case, when in reality you do. Feel free to call us any time for a no cost consultation about your rights.