Does workers’ comp cover the commute to work?
Workers Compensation - February 21, 2025
Although you may be able to receive coverage if you drive for your job, generally, you can’t get workers’ comp payments if you are in a crash during your commute. Fortunately, some exceptions may allow you to file a benefits claim. If you are unsure whether your worker’s comp covers the commute, contact a Chicago workers’ compensation attorney at Horwitz, Horwitz & Associates to schedule a free case review.
In what situations does workers’ comp cover the commute to work?
Under the Illinois Workers’ Compensation Act, employees typically aren’t paid for the time they spend getting to and going home from work. Whether you drive, use transit, bicycle, or walk, companies do not control what happens during this time because you are not “on the clock.” This is due to a legal concept known as the going-and-coming rule, established under the 1947 Portal to Portal Pay Act, an amendment to the Fair Labor Standards Act (FLSA).
However, there are some situations where workers’ compensation could be in effect during your commute. These include the following:
If you are being paid a salary during your commute
If your job pays wages while commuting, the coming-and-going rule doesn’t apply, and your worker’s comp covers any injuries you suffer. However, if you are getting reimbursement for your commute expenses, such as bus or train fare, that isn’t the same as being paid for the travel.
If you’re on a special errand or task
Suppose your supervisor asks you to pick up an order from a supplier on your way to work one morning. If the company uses the items and you’re under the direction of your employer, any injuries you suffer during that trip would be eligible for workers’ comp coverage. Doing so alone wouldn’t qualify since you would need proof the company asked you to do the task.
While you’re on a work trip
Workers’ comp applies if your job requires you to travel since it’s not the same as a regular commute. The coverage applies from when you leave home until you return, as long as you’re doing what is considered reasonable for your job.
If you’re driving a company vehicle
Any time you use a company vehicle, you can use workers’ compensation if you are injured while driving it. If you typically drive the car or truck home each night, the coming-and-going rule could apply, so it’s wise to consult with a workers’ comp lawyer to verify whether the rule impacts your case.
If you’re traveling between job sites
If part of your job involves visiting different work locations, any injuries you experience during those trips are covered under worker’s comp. If you travel to different places from your home daily, your commute is considered part of your job. However, if you must report to an office before traveling to your various work locations, the commute to the office does not count.
If you’re hurt on company property
Your workers’ comp claim should be valid whenever you are harmed while on company property. If you slip and fall on ice in a parking lot before entering your building, you’re covered, but if you were engaged in horseplay, fighting, or under the influence of alcohol, your claim could be denied.
What if I’m in a car accident while commuting?
Under Illinois law, all drivers must carry liability insurance to pay for any injuries or damage they cause in a wreck. In instances where you are hit by another driver while running an errand for your company, you could be able to file both an insurance claim against the negligent party and a worker’s comp claim. These kinds of cases can be very complicated, and your Chicago workers’ compensation lawyer can explain the difference between workers’ comp and personal injury claims.
To schedule a free consultation today, contact Horwitz, Horwitz & Associates online or by calling (800) 985-1819.
