One of the questions workers’ comp attorneys answer frequently is, “When are injuries on the way to work covered under Illinois’ coming and going rule?” Such injuries are covered when you’re traveling for an employer-sanctioned work activity. Examples include work errands, business trips, and traveling between job sites.
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The coming and going rule bars workers from receiving compensation if they’re hurt when commuting to and from work. Employees whose jobs involve traveling may, however, be eligible for the workers’ compensation benefits. You must prove that your injuries sustained away from the workplace are job-related to be eligible for compensation. Some evidence you can present includes travel documents, medical records, and correspondence between you and your employer.
Don’t assume that your injury isn’t work-related because the accident occurred away from your job site in Illinois. Instead, leave that task to experienced workers’ comp attorneys at Ankin Law. Our legal team will examine the facts of your case, investigate further, and give you the legal support you need to prove your eligibility for workers’ compensation benefits. Call 312-600-0000 today to request a free consultation.
Understanding the Coming and Going Rule in Illinois Workers’ Compensation
The Illinois Workers’ Compensation Act ensures workers receive compensation for injuries sustained on the job. An employee’s workers’ compensation eligibility starts once the employee gets hired by a company. Injured workers have the legal right to file work injury claims under compensation laws. However, special groups, such as firefighters and police officers, have their own rules for pursuing compensation.
The Illinois “coming and going” rule is an exception clause within the general workers’ comp laws. Under this rule, employees aren’t eligible for workers’ compensation if they sustain injuries when commuting to or from work. The law doesn’t regard regular commute as a work-related activity. So, most workers injured while traveling to and from work are ineligible for compensation.
Exceptions that Allow Work-Related Travel Injuries to Be Covered
The Illinois private industry recorded 101,400 job-related injuries and illnesses in 2023. Out of these, 64,500 injuries were more severe and resulted in missed work days, restrictions, and job transfers. Most of these injuries qualified for workers’ compensation benefits because they occurred at the workplace. Any worker who was injured while commuting to or from the workplace may not have been compensated.
Exceptions apply to the Illinois “Coming and Going” rule, allowing work-related travel injuries to be covered. These exceptions include:
Moving between Job Sites
Many occupations require employees to regularly move from one job site to another. Examples include traveling healthcare professionals, salespeople, and home caregivers. These employees typically have no specific work site. Thus, they must move from one location to another to deliver their services.
Business Trips
Your work injury claim may be successful if you were injured while on a business trip. Still, you need to work with a lawyer who has handled cases like yours before to protect your rights and help you navigate the claims process.
Running Work Errands
Sometimes, you may be out of the office running work-related errands. It may be a stop at a client’s office to collect an invoice check or make deliveries. In both cases, you may get compensated if you get hurt while on the move.
Having a Lunch Break or Business Luncheon
An accident may occur during your routine lunch break at work. If you were having lunch within your “zone of employment,” you may pursue workers’ comp. In other circumstances, you may get hurt while meeting clients over a luncheon. Since your attendance at the luncheon was business-related, you can claim workers’ compensation benefits.
Working with a workers’ compensation lawyer can mean the difference between a denied or approved claim, especially when the coming and going rule applies to your case. The lawyer will investigate your case, determine your eligibility for compensation, and aggressively fight for a favorable outcome through insurance negotiations or filing a lawsuit.
How to Prove Your Injury Qualifies for Workers’ Compensation
Insurance companies often use various tactics to delay workers’ compensation claims or deny them altogether. A common tactic is claiming that your injury is not work-related. So, stating that you sustained a work-related injury while commuting to or from work is not enough. You must present compelling evidence to show that you are entitled to the benefits. Examples of evidence you can present include:
- Travel documents and receipts showing travel dates and destination
- Evidence proving you were on a work trip, including emails, text messages, or memos from your employer instructing you to travel
- Witness accounts that may corroborate your work-related trip
- Medical evidence, such as medical reports, scans, diagnosis reports, and test results
- Financial documents, including pay stubs and travel benefits
Workers’ comp lawyers in Illinois are familiar with the coming-and-going rule and can easily navigate its exceptions. Contact Ankin Law today and let our lawyers help you recover your rightful compensation.
Frequently Asked Questions
What is the coming and going rule in Illinois workers’ compensation?
The coming and going rule exempts workers from filing claims when injured during their commutes to work. You’re not eligible for workers’ compensation benefits when driving to and from work unless specific exceptions apply to your case.
Are injuries during commutes covered by workers’ comp in Illinois?
Under the coming and going rule, injuries sustained during commutes to and from work aren’t covered. However, traveling workers may be eligible for compensation.
How do I prove a travel-related injury qualifies for workers’ compensation?
You must prove that the injury arose from a work-related activity. You must also show that the job activity directly led to your injuries. Evidence that can help you prove your eligibility for compensation includes but is not limited to work-related emails, medical reports, and travel documents.
