Under Illinois workers’ compensation law, you are covered for work related injuries from the moment you start working until the moment you stop. That does not mean from when you clock in or clock out. It means that while your employer is benefiting from you, if you get hurt it is likely a work comp case.
So for example, if you are walking down a hallway on your way to start your shift and on company property, if you slip and fall on a wet floor, that is a case. If you clock out at the end of the day, but on your way out get hurt while helping a co-worker with a quick task, that is a case.
Generally speaking, injuries while you are commuting to or from work are not a case. The biggest exception is for traveling employees. If you drive to different customer sites every day, the moment you get into the car you are working for the benefit of the company. On the other hand, if you drive or take the train into a stand alone office every day, you are likely not covered under the Illinois Workers’ Compensation Act until you are actually at their place of business.
There are of course exceptions to all of this too. Or at least different ways to look at it. A recent caller presented a unique situation.
A Compensable Work Related Injury Driving From Home To Your Office
This worker is employed at a school. Most days he drives from his house to the school. Sometimes though he has to stop at one school where he occasionally works and then head on to the school where he normally works.
On this occasion, he stopped at the first school to pick up some supplies. As he began his drive to the second school where he would spend his day, he was rear-ended at a stop light and hurt his back. He called me wanting to know if this was a workers’ compensation case in addition to a personal injury lawsuit?
As an aside, the insurance company for the school had sent him a denial letter telling him that he is not covered for injuries that happen while commuting to school. They are 100% wrong in my opinion.
In this case, his work day started when he made a stop at that first school. It was done for their benefit. It would have been different if he just made a personal stop to see a friend or grab a coffee. He then went on to haul supplies. This was again for their benefit. It means he was working.
It can be argued that if you bring home work with you, you are still on the clock when doing that work or when you load it back into your car. There have been cases where workers drove a company vehicle that had the company logo and information on the side. The act of driving that vehicle around is advertising and serves to benefit the employer. So it’s arguable that if you had an accident in that car that it would be work comp.
Back to this case, I do not see a good argument against him having work comp benefits. And it would be important because the person who hit him has a very small insurance policy. Because of work comp laws in Illinois, he will get 100% of his medical care and time off paid for. And of course eventually he can get a settlement.
The moral of the story is do not ever listen to an insurance company that says you do not have a case. They might be right, but they are often wrong. And they certainly are not looking out for your best interests.
