Can I Get Workers' Comp After Being Injured During My Commute in IL?

If you suffer an injury in a car accident in Illinois while performing work-related duties, you are entitled to workers’ compensation benefits. But what if you are injured during your commute to and from the workplace? 

According to the “going-and-coming rule” in Illinois, an employee who sustains an injury while commuting to or from work is not covered by workers’ compensation since employers have no control over what occurs during those trips. However, there are several exceptions to this rule. 

The following are the most common exceptions to the going-and-coming rule: 

  • An employee is paid during the commute – If an employee is being paid by the employer while he/she commutes to and from the workplace, the worker is exempt from the going-and-coming rule if he/she suffers an injury while commuting to work. On the other hand, the exemption does not apply to reimbursement for commute expenses. 

  • An employee performs a special mission for the employer – Whether it’s picking up breakfast and coffee for the office before work or running an errand for your boss after work, such tasks are considered “special missions” or “special errands” on behalf of the employer. Therefore, if a worker performs a task for the benefit of the employer while commuting to or from work and sustains an injury in a car accident, the employee is eligible for workers’ comp benefits. 

  • An employee drives a company vehicle – If an employee drives an employer-provided vehicle to and from the workplace or someone else drives him/her around in a company vehicle and then involved in a collision while using such a vehicle, the employee's injury will be covered by workers’ comp benefits. 

  • An employee travels as part of his/her work duties – Whether an employee goes from job site to job site or goes on a business trip, any traveling will be covered by workers’ compensation – even during the employee’s commute. Additionally, if an employee has no fixed place of work, commuting is considered part of his/her job duties and, thus, covered by workers’ comp. 

The going-and-coming rule and its exceptions are complicated. If you are injured while commuting to work in Chicago, discuss your case with our experienced workers’ compensation attorney at McHargue & Jones, LLC and let us determine if you are eligible for workers’ comp benefits. 

Injured in a work-related accident in Chicago? Call (312) 739-0000 or fill out our online contact form today to schedule a free consultation.