Workers’ Compensation for Traveling Employees in Illinois

The General Rule: Commuting Injuries Aren't Covered

Under the Illinois Workers' Compensation Act, the standard "coming and going" rule excludes injuries that occur during your regular commute to and from work. If you're simply driving from home to your usual workplace, an accident typically won't qualify for workers' compensation benefits. 

The Traveling Employee Exception: When Workers’ Compensation Coverage Applies

Illinois courts have long recognized an important exception for employees whose jobs require travel away from a fixed workplace. If you’re a traveling employee, you may qualify for workers' compensation benefits if you're injured while:

• Driving between multiple job sites during your workday
• Traveling to temporary work locations at your employer's direction
• On business trips away from your primary workplace
• Taking work-related meals while traveling for business
• Staying overnight for work-related travel

What Is a Traveling Employee?

Under Illinois law, a traveling employee is anyone whose job requires them to leave their employer’s premises to perform work duties. Unlike a traditional “clock-in and clock-out” worker at a single location, traveling employees are considered to be in the course of employment for a broader range of activities.

Common examples include:

• Delivery drivers traveling along assigned routes
  
• Construction workers going from site to site
  
• Nurses or caregivers providing services in patients’ homes
  
• Sales representatives attending meetings in other cities
  
• Employees sent temporarily to another office or store location

Because travel is necessary for these jobs, courts often find that injuries occurring during that travel are work-related and covered by workers’ compensation.

Key Factors Courts Consider for Coverage

Illinois courts examine several factors when determining if the traveling employee exception applies. 

The Type of Work Performed

The nature of your job is the first factor courts consider when deciding if an injury is covered.

• Inherently mobile jobs: If travel is a regular part of your employment, you are more likely to be covered. A delivery driver injured while returning from a delivery route, for instance, is still considered “in the course of employment.”
  
• Occasional travel duties: Even employees who typically work at a single location may qualify as traveling employees if their job requires travel for specific tasks. For example, if your boss asks you to pick up supplies on your way in, your commute could become work-related.
  
• Traditional fixed-site jobs: Employees who only commute to and from a single workplace, such as factory workers, are usually not covered during their ordinary commute.

Where the Work Is Performed

The location of your work also plays a role in determining whether you qualify as a traveling employee.

Illinois courts have repeatedly found that employees working offsite are covered by workers’ compensation laws. This can include:

• A carpenter injured while driving to a job site in another county
  
• An employee assigned to work temporarily at another branch of the company
  
• A worker injured at a conference, training session, or business meeting away from the office

As long as your employer directs you to perform work away from your usual place of employment, you may be considered a traveling employee.

Personal Comfort Doctrine for Traveling Employees

Illinois recognizes the personal comfort doctrine, which means employees remain in the course of employment while performing reasonable personal tasks such as eating, resting, or using the restroom.

For traveling employees, this protection is even broader. Since employers benefit from workers staying healthy and able to complete their duties, injuries sustained during necessary or foreseeable activities may still be covered. Examples include:

• Injuries while eating at a restaurant during a business trip
  
• Slipping in a hotel lobby while traveling for work
  
• Recreational activities reasonably related to downtime during work travel

The law understands that employees away from home must live a balanced life while traveling for work, and courts often extend workers’ compensation coverage to these scenarios.

FAQs About Workers’ Compensation for Traveling Employees

Does my commute count as work travel?

Generally, no. Ordinary commuting is not covered under workers’ compensation in Illinois. However, if you were asked to complete a task for your employer during your commute, such as stopping for supplies, your trip may become work-related.

What if I’m injured while eating during a business trip?

Meals are considered a necessary activity under the personal comfort doctrine. If you’re traveling for work and get hurt during a meal, your injury is likely compensable.

Are recreational activities ever covered?

Yes, if they are reasonable and foreseeable. For example, if you’re injured at a hotel gym during a business trip, you may still qualify for benefits. However, extreme or unrelated activities may not be covered.

How do I prove my injury qualifies?

Documentation is key. Save travel itineraries, emails assigning you offsite duties, expense reports, and any evidence showing that your travel was work-related. A workers’ compensation lawyer can help connect your injury to your employment.

What benefits can I receive as a traveling employee?

Injured traveling employees may qualify for medical coverage, temporary disability payments, permanent disability benefits, and vocational rehabilitation under the Illinois Workers’ Compensation Act.

Protecting Your Rights After a Traveling Employee Injury

Determining whether your injury is covered as a traveling employee can be complex, but Illinois law is generally favorable to workers. The safest way to protect your rights is to seek immediate legal guidance.

At Strong Law Offices, we fight for injured employees across Illinois, ensuring they receive the workers’ compensation benefits they deserve. If you were injured while traveling for work, call us today at (309)393-2928 to schedule a free consultation.