Are you entitled to workers’ comp benefits as a traveling employee under Illinois law?
Traveling Employees and Workers’ Compensation in Illinois
If your job requires you to travel — whether to client sites, job locations, or business meetings — you may still be covered under Illinois workers’ compensation laws if you’re injured while traveling. These are known as traveling employee cases, and Illinois provides specific protections for workers who get hurt while performing job-related travel.
What Is a “Traveling Employee”?
A traveling employee is anyone whose job regularly takes them away from a fixed worksite. This may include sales representatives, delivery drivers, consultants, field technicians, or service providers who travel between multiple job locations.
If travel is a necessary or expected part of your employment, you may qualify as a traveling employee — and your workers’ compensation coverage extends to travel-related activities. One great example we’ve seen is injuries involving flight attendants and pilots who are away from home, staying in hotels while flying for work. We had one flight attendant who tripped and fell in the middle of the night in her hotel room, and we were able to obtain her full Illinois workers comp benefits under the traveling employee doctrine.
The “Going and Coming” Rule and Its Exceptions
Illinois follows the “going and coming” rule, which generally excludes injuries that occur during your normal commute to or from work.
However, traveling employees are the key exception.
When your job requires travel, any reasonable activity performed during that travel may be considered within the course of employment. This means that if you’re hurt while on a required trip, you may still qualify for compensation.
Examples of Covered Travel Injuries
You may be eligible for benefits if you were injured:
-
Driving between job sites or client locations
-
Traveling to a business conference, meeting, or training event
-
Checking into or leaving a hotel during a required work trip
-
Eating or performing other reasonable tasks while traveling for work
Purely personal activities (such as sightseeing or unrelated errands) may not qualify for coverage, but work-related or foreseeable travel activities generally do.
Why Traveling Employee Cases Are Complex
Insurers frequently challenge these claims, arguing that an injury occurred during “personal time.” Proving that the travel was part of your employment requires documentation and legal understanding.
An experienced Illinois workers’ compensation attorney can help establish that your travel was job-related and fight for your right to full benefits.
These case also sometimes involve a third party who may be liable. One example is someone driving for work who is struck by another vehicle who was driving negligently. In this instance, you can file an Illinois workers compensation case, and may also have a third party personal injury case due to the negligence of the other driver. With these cases, you may be entitled to other forms of recovery (pain and suffering, loss of normal life) that are not included in the typical workers comp case.
Recent Developments in Illinois Law
Illinois courts continue to refine the definition of “traveling employee.” Recent cases highlight the importance of documenting your work-related travel, including itineraries, assignments, and employer communications.
Lawmakers have also discussed changes to clarify exceptions to the going-and-coming rule, making it even more important to have skilled legal representation for traveling worker cases.
FAQ: Traveling Employee Workers’ Compensation in Illinois
Q: What is considered a “traveling employee” under Illinois law?
A traveling employee is someone whose job requires regular travel away from a fixed worksite. This includes workers who visit multiple client locations or travel for business purposes. If your employer expects or directs you to travel, you may qualify for workers’ compensation coverage.
Q: Does Illinois workers’ compensation cover injuries that happen while traveling for work?
Yes. If the travel is a required or foreseeable part of your job, you can receive workers’ compensation benefits for injuries that occur during that travel. This includes injuries sustained while driving between sites, checking into hotels, or attending meetings.
Q: Are injuries during my commute covered?
Normally no. The “going and coming” rule excludes injuries during your daily commute. However, traveling employees are an exception — if travel is part of your job duties, your commute between assignments may still be compensable.
Q: What if I’m injured in a hotel or restaurant while on a work trip?
If the activity was reasonable and expected — such as dining near your hotel or walking to your car — it may qualify as work-related. Illinois law recognizes that traveling employees must eat, sleep, and handle daily tasks while away from home.
Q: What if I made a personal stop during my work travel?
Minor or incidental personal stops, such as grabbing lunch or fuel, typically don’t disqualify you. But if you significantly deviated from work duties for personal reasons, coverage may be denied. A lawyer can help determine whether your travel qualifies as “in the course of employment.”
Q: How do I prove my travel-related injury is work-related?
Keep detailed documentation: itineraries, emails, employer communications, and expense records. Witness statements and travel logs can strengthen your case. An attorney can gather and present this evidence effectively to the insurer or the Illinois Workers’ Compensation Commission.
Q: What benefits can I receive if I’m injured while traveling for work?
Traveling employees are entitled to the same benefits as other injured workers, including:
-
Full medical care and treatment
-
Lost wage compensation (TTD benefits)
-
Permanent partial disability (PPD) if applicable
-
Vocational rehabilitation or retraining
Q: What should I do if my claim is denied?
If your traveling employee claim is denied, an attorney can help you fight the decision through the Illinois Workers’ Compensation Commission. They can investigate the reason for denial, collect stronger evidence, and fight to have your benefits approved.
Q: How can McHargue & Jones help me as a traveling employee?
At McHargue & Jones, LLC, we have over two decades of experience representing traveling workers across Illinois. We know how to prove your travel was work-related and ensure you receive every benefit you deserve.
Call (312) 739-0000 today or fill out our online form to schedule your free case review.