Worker’s Compensation Benefits for the “Traveling Employee”

In Illinois, in order to qualify for worker’s compensation benefits, you must show that you were injured in the course of your employment, and that the injury was caused or made worse by a condition of your employment. The Illinois Workers’ Compensation Act generally covers injuries occurring on company property. Employees are covered during their work hours, and depending on the nature of their employment, may be covered for a reasonable time before and after work. Additionally, employees who travel as part of their employment frequently are covered during the course of their travel.

Illinois courts will award workers’ compensation benefits in such situations so long as the travel is considered work related, meaning it is for the benefit of your employer. For example, whether you are injured while driving from your office to a client meeting or injured in the bathroom of an airport while waiting for your flight to a client meeting, you may be eligible for Illinois workers’ compensation benefits. In general if something happens while you are traveling for your job you are considered to be at an increased risk of injury. As a result, even if you aren’t performing a job activity at the time an injury would be considered work related.

However, not all injuries sustained while on work-related travel will be covered. If slip and fall in the parking lot as a result of drinking excessively, your injury probably won’t be covered. In some cases, injuries sustained while doing some sort of recreational activity during a business trip are covered. The key is whether it is reasonably foreseeable that you would be doing the activity that led to your injury.

For example, consider an employee who had drowned in the hotel pool after the employee had checked in with the customer and was told services would not be needed that day. It is reasonably foreseeable that the employee would take advantage of the hotel pool during some free time.

Workers’ compensation benefits are generally not available for injuries that occur while commuting to and from work. This is known as the coming-and-going rule, however there are certain exceptions. For example, an employee injured in a car accident while running an errand for the employer on his way to work probably will be entitled to workers’ compensation benefits. Although the employee was commuting to work, which is generally not covered, the errand was for the benefit of the employer, making it covered. On the other hand if you were just commuting it would not be covered.

Finally, if you are a worker from another state who has been injured in Illinois while traveling on business, you are entitled to pursue Illinois workers’ compensation benefits. If you can pursue your claim in Illinois we highly recommend it, as from what we have seen, Illinois has the most worker friendly work injury laws in the United States.

Workers’ compensation issues regarding what is covered and what is not and the various distinctions regarding work and non-work issues aren’t always clear. We recommend that you hire an experienced workers’ compensation attorney to ensure that you get the benefits you are entitled to. If you have any questions about your injury or would like a referral, please contact us.