Am I Covered By Workers’ Comp Out of State?

Workers Compensation - January 13, 2025

 

Question:

I was injured while working in another state, where the benefits are poor? Is there any way I can be covered under Illinois Workers’ Compensation?

Answer:

There may be. Fortunately, there are several instances in which an Illinois worker can claim coverage in Illinois even though the injury occurred out of state.

Illinois workers’ compensation applies to employees working outside Illinois under certain conditions

Illinois Workers’ Compensation insurance generally extends to employees who are injured while working outside the state if the injury occurs in the course of their employment. As per the Illinois Workers’ Compensation Act, Section 4, workers injured while temporarily out of state may still be eligible for benefits as long as they meet certain criteria. These include:

  1. The employment relationship must be primarily based in Illinois: If you live and work in Illinois, and your employer has an Illinois Workers’ Compensation policy, you are likely still covered, even when working out of state.
  2. You are employed by an Illinois-based company: If your employer is headquartered in Illinois and your job is part of their regular business operations, you may still be covered if you are injured while out of state.
  3. The work is related to the duties of your Illinois-based job: If you are sent to another state to perform a task that is part of your regular job responsibilities, you will likely remain covered under Illinois Workers’ Compensation, regardless of where the injury occurs.

Why you should consult with a workers’ compensation attorney

Navigating workers’ compensation claims can be difficult, especially when you’re working out of state. At Horwitz Horwitz & Associates, our experienced workers’ compensation attorneys are here to help you understand your rights and ensure that you receive the benefits you’re entitled to. Whether you’re a truck driver, business traveler, or an employee temporarily assigned to another state, we can guide you through the process and help protect your future.

If you’re facing complications with your Illinois Workers’ Compensation claim or if you’re unsure whether you’re covered for an out-of-state injury, don’t hesitate to contact us.

For more information, visit the Illinois Workers’ Compensation Commission website or reach out to our office by completing our online form.