What Is the Going and Coming Rule for Work Injuries?

 Posted on July 22,2024 in Workers' Compensation

Employees who suffer injuries on the job are sometimes entitled to workers’ compensation. This can include reimbursement for medical expenses and/or lost wages from being on medical leave. According to the Illinois Workers’ Compensation Act, an employee can seek compensation for injuries "arising out of and in the course of employment." 

A question often asked is: does that include work-related travel? If I am injured on the way to or from work, am I eligible for workers’ compensation? This is addressed by the going and coming rule, which this article will discuss. If you believe you have suffered a work-related injury, consult an Illinois workers’ compensation attorney to find out if you qualify to bring a claim.

What Is the Going and Coming Rule?

The going and coming rule is a law that says an employee is generally not eligible for workers’ compensation if he or she is injured on the way to or from work. This is because most of the time the commute is not considered part of the employment, which is why many employees are not paid for travel time. Another legal angle to consider is that your employer is not gaining any benefit from you traveling to and from work. Your work itself benefits your employer but your driving to the office does not.

Are There Exceptions to the Going and Coming Rule?

As with most laws, there are exceptions to this rule:

• If travel is part of the job, then the going and coming rule may not apply. Pilots, truck drivers, and bus drivers, for example, are paid for travel. If they suffer an injury during the course of that travel, they may be eligible for workers’ compensation.

• The going and coming rule may also not apply if you are injured while on a special mission or errand. This is when you are asked to travel for a work-related task, like picking up a lunch order for the office. An injury sustained while traveling to and from that errand can be eligible for compensation.

• Injuries suffered while traveling between job locations can also be exceptions to the going and coming rule. For example, when a technician visits several offices or a manager checks on different job sites, it is often considered work-related travel.

• Business travel also usually qualifies as work-related. An employee who flies to a conference and suffers an injury on the plane, for instance, may be able to claim workers’ compensation. 

• Another exception to the going and coming rule is if the injury is sustained on employer-controlled premises. For example, if you drive to work and injure yourself in the parking lot of your office building, you may be eligible for workers’ compensation.

Contact a Decatur, IL Workers’ Compensation Attorney

At Kanoski Bresney, we are highly knowledgeable in workers’ compensation laws and the application of the going and coming rule. Our experienced attorneys will investigate your case and gather any qualifying evidence for a workers’ compensation claim. Call 888-826-8682 to schedule a free consultation with a Bloomington, IL workers’ compensation lawyer today.