Illinois Workers’ Compensation: The Coming and Going Rule

What Is the Coming-and-Going Rule?

This rule renders employees injured when traveling to or from work ineligible for workers’ compensation benefits. The argument is that travel itself does not fall within the scope of employment, and thus, your employer cannot bear liability for injuries sustained in such a scenario. Fortunately, however, some exceptions to the coming and going rule may apply to your case. These exceptions include:

Traveling in an Employer-Provided Car

Illinois laws allow you to receive workers’ comp benefits if you get injured while leaving or reporting to work in an employer-provided car. The logic is that an employer who gives a car to an employee for travel purposes benefits from that arrangement. So, workers’ comp pays the medical expenses, lost wages, and other costs arising from an injury sustained while traveling in such a car.

Traveling Is Your Main Job Duty

Compensation for injuries will be available if commuting is part of your job duties. The availability will, however, depend on whether you were injured while performing your work duties or running personal errands. Common examples of employees who travel as part of their work duties include bus drivers, commercial truck drivers, pilots, traveling salespersons, plumbers, and law enforcement officers.

Commuting Between Several Job Sites

Commuting in a personal car to different job locations in one shift qualifies as work-related. So, you have a right to recover workers’ comp benefits if you get injured when commuting to multiple job locations.

Special Errand Exception

Coverage for your injury may be available if your employer asked you to perform an additional errand during your travel and you got injured. An example is when your employer asks you to pick up items, such as furniture, groceries, and other supplies, for the company.

“On-Call” Employees

Exceptions to the coming and going rule may apply to on-call employees. Workers’ comp usually covers employees in this category from when they get a call, message, or notification to come into work. On-call employees include but are not limited to firefighters, maintenance technicians, IT support specialists, nurses, and physicians.

Business Trip

An exception to the rule applies when you get injured during a business trip. Coverage for potential injuries will be available for the whole travel duration, even if you will be engaged in work-related activities for only a few hours each day.

Paid Commute

Workers’ comp benefits are often available to workers who sustain injuries during a paid commute. This consideration does not apply to injured workers entitled to travel expenses reimbursement.

Recovering compensation after getting injured during a commute to or from is not easy. Your employer or employer’s insurer may deny your workers’ compensation claim on the grounds that your injuries are outside the scope of employment. That is why it is wise to involve a workers’ comp lawyer shortly after getting injured.

The lawyer can assess details of the accident and ask the right questions to determine if the exception to the coming and going rule applies to your case. If so, the lawyer will investigate your case further and assemble additional evidence to build a strong workers’ comp claim.

Employee Rights

Illinois private and public sectors recorded 133,500 work-related injuries and illnesses in 2022. Workers’ compensation offers monetary damages to pay medical bills and addresses the financial obligations of workers who get injured or become ill while performing job-related duties or tasks. Knowing the rights entitled to you under workers’ compensation in Illinois gives you valuable insights into the steps you must take to protect yourself and obtain maximum compensation.

Right to Make a Workers’ Compensation Claim

You have a right to file a workers’ comp claim after sustaining a job-related injury or illness. You must, however, start by informing your employer of your injury or illness. Illinois requires you to tell your employer about your injury or illness within 45 days.

You may lose the right to pursue your claim if the 45-day deadline passes without you reporting the injury. So, ensure you report your injury shortly after the accident or incident to be on the safe side. Do it in writing and obtain a signed copy of the report to keep the employer from denying knowing about your injury in the future.

Right to Reasonable and Necessary Medical Treatment

Illinois Workers’ Compensation Act entitles you to medically reasonable and necessary treatment and care. This medical treatment may range from hospital visits and stays to prescription medications and surgeries. It may also include medical services and devices.

Monitor all medical costs arising from your injury and preserve any receipts and documentation you receive. Doing that will help you determine the actual value of your medical benefits and use the evidence to strengthen your negotiation position if you decide to settle your workers’ comp case.

Right to Wage Loss Benefits

You are entitled to compensation for time spent away from work to seek treatment and heal from your injuries. Wage loss benefits cover a percentage of the wages you lost during your missed time from work.

Right to Submit a Complaint to the Occupational Safety and Health Administration (OSHA)

You have a right to submit a complaint to OSHA if you have a justifiable reason to believe your work injury or illness stemmed from workplace safety violations. You can do that by filling out the OSHA complaint form and submitting it online. You can also complete the complaint form or draft a letter describing the violation and send it to your local OSHA office via email, mail, or fax. OSHA will investigate the incident, determine whether any violations of safety standards happened, and, if so, take appropriate actions.

Protection from Employer Retaliation

Illinois laws protect you from retaliation from your employer for initiating a workers’ comp claim or reporting hazardous working conditions to OSHA. Retaliation constitutes any action to punish a worker for exercising his or her rights, such as claiming damages under the workers’ compensation insurance.

Terminations, demotions, reduced working hours, and pay cuts are some examples of retaliation. Notify your workers’ comp lawyer if you suspect your employer is retaliating against you. Your lawyer will review the details of your allegation, conduct independent investigations, and respond appropriately.

Your Right to Appeal

Illinois laws allow you to appeal the initial verdict of your workers’ compensation claim if you are unhappy with it. You can appeal your case from one court level to another. You can even go all the way to the Supreme Court.

A workers’ compensation lawyer can help you navigate the appeals process and better your odds of a successful outcome. Your lawyer can also update you on your case progress and predict how long your workers’ comp case will last.

Employer Responsibilities in Illinois for Injured Workers

Provide Coverage to Every Employee Injured on the Job

Illinois Workers’ Compensation Commission (IWCC) requires businesses with employees to obtain workers’ compensation insurance. They must carry coverage for each employee, regardless of the number of people they hire.

Ensure Injured Employees Get Immediate Medical Attention

Employers must assist employees injured on the job to obtain immediate medical care. This assistance can include transporting an injured employee to the hospital immediately after a workplace accident. It can also include covering current and future medical expenses.

Reporting the Injury

The employer must complete the First Report of Injury form and submit it to the IWCC. This form notifies the commission of the injury and how it happened. The employer should also submit a copy of the injury report to the employer’s workers’ comp insurer.

Facilitate Safe Return to Work

Employers must take reasonable steps to guarantee a safe and sustainable return to work for employees who have been declared fit to work by their treating doctors. Employers cannot fire, discriminate, or retaliate against employees for pursuing workers’ compensation benefits.

You can rely on workers’ compensation attorneys at Strong Law Offices for aggressive legal representation if you have been injured while commuting to or from work. Our attorneys will work tirelessly to secure maximum compensation while protecting your legal rights. Contact us now for a free consultation as well as a free case review.