The ‘Going And Coming’ Rule In Illinois Workers’ Compensation

The ‘Going And Coming’ Rule In Illinois Workers’ Compensation

Workers in Illinois who suffer injuries while performing job-related duties may qualify for workers’ compensation benefits under the Illinois Workers’ Compensation Act (820 ILCS 305/1 et seq.). However, injuries that occur while traveling to or from work are generally not covered due to the “Going and Coming” rule. Understanding when travel-related injuries qualify for workers’ compensation is crucial for employees who depend on these benefits for medical care and wage replacement.

What Is The ‘Going And Coming’ Rule?

The Going and Coming rule states that employees are not covered by workers’ compensation for injuries sustained while commuting between home and work. This rule exists because an employer typically does not control an employee’s commute or benefit directly from it. However, exceptions exist when the travel is connected to the job.

Exceptions To The Going And Coming Rule

While the general rule bars workers’ compensation for commuting injuries, there are several exceptions where an employee may still qualify for benefits.

1. Traveling Employees

Under 820 ILCS 305/1(b), employees who are required to travel as part of their job duties may be eligible for workers’ compensation benefits if injured during travel. Examples include:

• Sales representatives who must visit clients
• Delivery drivers transporting goods
• Construction workers moving between job sites
• Consultants attending meetings at different locations

If travel is a fundamental part of the job, injuries sustained while in transit may qualify for workers’ compensation.

2. Employer-Provided Transportation

If an employer provides transportation for employees, injuries sustained during the commute may be covered. This applies in situations where:

• The employer owns or operates a shuttle service for employees
• The worker is required to ride in a company vehicle
• The employee must travel between multiple locations for work

Since the employer has control over the travel conditions, the injury may be considered work-related.

3. Job-Related Errands

If an employee is running an errand for their employer before, after, or during a commute, the trip may be classified as work-related travel. Examples include:

• Picking up office supplies
• Transporting work documents
• Delivering items on behalf of the employer

If an employee is injured while performing an authorized work duty, the Going and Coming rule may not apply.

4. Parking Lot And Premises Exceptions

Under Illinois law, injuries that occur on an employer’s premises—including parking lots—may qualify for workers’ compensation. If an employee slips and falls in a company-designated parking lot, they may have a claim, particularly if:

• The lot is owned or maintained by the employer
• The injury occurs while the worker is entering or exiting the building
• There are hazardous conditions, such as ice or poor maintenance

If the employer controls the area where the injury happened, it may be considered part of the workplace.

5. Special Mission Or Employer-Directed Travel

If an employer requires an employee to travel for a specific purpose, injuries sustained during that travel may be covered. Examples include:

• Attending an off-site training
• Traveling for a business conference
• Completing an urgent work-related task outside of regular hours

When an employer explicitly directs an employee to travel, the trip is often considered work-related, making injuries eligible for compensation.

How Workers’ Compensation Benefits Work In Illinois

Illinois workers’ compensation provides benefits to injured workers under 820 ILCS 305/8. If an injury is deemed work-related, employees may be entitled to:

• Medical benefits – Coverage for doctor visits, surgery, rehabilitation, and prescriptions
• Temporary Total Disability (TTD) – Wage replacement benefits if the worker cannot perform job duties while recovering
• Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) – Compensation for long-term or permanent impairments
• Vocational rehabilitation – Assistance in transitioning to new employment if the worker cannot return to their previous job

Determining eligibility can be complex, especially when dealing with Going and Coming rule disputes.

Proving Eligibility When Injured During Travel

Employees who suffer injuries while traveling may need to prove that their travel qualified as work-related. To strengthen a claim, workers should:

• Document the nature of their trip – Explain why travel was required for the job.
• Gather witness statements – If coworkers or supervisors can verify that the trip was work-related, their statements can support the claim.
• Retain travel records – Keep receipts, mileage logs, and emails related to work travel.
• Report the injury immediately – Delays in reporting may weaken a claim.

Employers or insurers may deny claims, arguing that an injury was not work-related, making legal assistance essential.

When Employers Or Insurers Deny A Claim

If an insurance company denies a claim based on the Going and Coming rule, employees have the right to challenge the decision. Illinois law allows injured workers to file claims with the Illinois Workers’ Compensation Commission (IWCC) under 820 ILCS 305/18. The IWCC reviews disputes and determines whether the claim is valid.

If an employer disputes liability, a worker may need to present additional evidence or appeal the decision through formal hearings.

Workers’ Compensation Frequently Asked Questions

Can I Receive Workers’ Compensation If I Was Injured In A Car Accident While Commuting?

Generally, commuting injuries are not covered, but exceptions apply. If the travel was required for work, such as for a traveling salesperson or a job-related errand, the injury may be compensable.

What If I Was Using My Personal Vehicle For Work?

If your personal vehicle was being used for a work-related task, such as attending a meeting or making a delivery, your injury may qualify for workers’ compensation benefits.

Does My Employer Need To Provide Workers’ Compensation If I Am A Remote Worker?

Yes. If an employee works remotely and suffers an injury while performing job-related tasks, they may qualify for workers’ compensation benefits. The claim must prove that the injury occurred within the scope of employment.

What If I Was Injured In My Employer’s Parking Lot?

If the parking lot is controlled by the employer, an injury occurring in that space may be covered under workers’ compensation, especially if hazardous conditions were involved.

Can I File A Workers’ Compensation Claim If I Was Traveling For A Business Conference?

Yes. Travel required by an employer, such as attending training sessions or business meetings, is typically considered work-related, making injuries compensable.

How Long Do I Have To File A Workers’ Compensation Claim In Illinois?

Under 820 ILCS 305/6(c), injured workers must notify their employer within 45 days of the injury and file a claim with the IWCC within three years.

What Should I Do If My Workers’ Compensation Claim Was Denied?

If your claim was denied, consult an Illinois workers’ compensation attorney. You may need to appeal through the Illinois Workers’ Compensation Commission and present additional evidence.

Contact The Law Offices Of Robert T. Edens, P.C. For A Free Consultation

If you were injured while traveling for work and are facing workers’ compensation claim denial, you may still have legal options. At The Law Offices of Robert T. Edens, P.C., we fight for injured workers and help them secure the benefits they deserve.

Contact our Illinois Workers’ Comp attorneys at The Law Offices of Robert T. Edens by calling us at 847-395-2200 to receive your free consultation. We serve clients in Antioch, Waukegan, Woodstock, and throughout Illinois. Let us help you understand your rights and get the compensation you need.