Does Workers’ Comp Cover Injuries Incurred While Commuting?

Whether you drive into work every day or take public transportation, the last thing you may expect on your commute to work is to sustain an injury. As such, accidents happen, and whether you are involved in a collision with another driver or you slip and fall at your bus stop, you may wonder if you are eligible for workers’ compensation for injuries sustained while commuting. Unfortunately, the answer is more complex than you may think. If this reflects your circumstances, the following blog explores what you should know about these difficult matters, including the importance of working with an Illinois workers’ compensation attorney to explore your legal options.

What Injuries Are Commonly Sustained During a Commute Accident?

There are a number of injuries you may endure if you are injured during your commute, regardless of whether you drive, walk, cycle, or even take public transportation to get to your place of employment. These injuries include, but are not limited to, the following:

• Broken bones
• Soft tissue injuries
• Neck and spinal cord damage
• Back injuries
• Traumatic brain injuries

Not only can these injuries cause immense pain, but they can also result in astronomical medical bills while preventing you from working.

Can I Recover Compensation for Injuries Sustained While Commuting?

Unfortunately, you’ll find that the vast majority of accidents endured while commuting are ineligible for workers’ compensation. While this is necessary to get to your place of employment, a commute is not considered under the control of your employer or a part of your job responsibilities. As such, if you are injured while driving, walking, or taking public transportation to or from your job, you are generally unable to file a claim. This is often referred to as the “coming and going” rule.

However, there are some exceptions where this rule may not apply. In some instances, if your employer pays you for your time spent commuting or you are traveling in a company vehicle, you may be eligible for compensation. Additionally, if you are traveling for work, such as to attend a conference, meeting, or mandatory company event, you are generally covered. Additionally, if you are required to travel between job locations throughout the day and you sustain an injury while traveling from one location to the next, you are typically able to recover compensation. This is true even if the accident occurs outside of your regular work hours.

You should also note that if you are asked to complete a task outside of the regular scope of your employer, such as running an errand on behalf of your boss, before, during, or after work hours, you are generally eligible to file a workers’ compensation claim. This is because the task you are performing is for the direct benefit of your employer.

As you can see, navigating the workers’ compensation process is incredibly difficult. That is why working with the team at the Law Firm of Kevin A. Moore is in your best interest. Contact us today to learn how we can fight for you.