For most workers in Illinois, the “Coming and Going” rule is a standard part of life. It generally states that injuries sustained during a normal commute to and from a fixed office are not compensable under workers’ compensation.
However, what happens if your “office” changes every day? If you are a traveling nurse, a regional sales representative, or a delivery driver, the lines between commuting and working are often blurred.
At Leonard Law Group, we believe it is vital for Illinois workers to understand the “Traveling Employee” Rule. This is a legal doctrine that provides significantly broader protections for those whose jobs require them to be on the move.
What is a Traveling Employee?
In Illinois, a traveling employee is defined as someone whose job duties require them to travel away from their employer’s premises. This is not limited to long-haul truckers. It includes:
Home healthcare workers and visiting nurses
Outside sales professionals
Field technicians and repair crews
Delivery drivers
Under Illinois law, these individuals are considered to be "in the course of their employment" from the moment they leave their home until they return, provided their travel is reasonably necessary for their job.
When a "Commute" Becomes "Work Time"
The most significant advantage of being classified as a traveling employee is the expansion of what counts as "work time."
For a standard office worker, an accident on I-55 during the morning rush hour is usually considered a personal risk. For a traveling employee, that same stretch of highway is their workplace.
The Rule of Reasonableness
Illinois courts use a "reasonableness" test for traveling employees. An injury is typically covered if the employee was engaging in conduct that:
The employer might reasonably expect them to perform.
Was incidental to the duties of their employment.
This means that if you are traveling for work and stop for a quick meal or to gas up your vehicle, and you are injured in the process, you are likely still covered under workers’ compensation. The law recognizes that a traveling human being must eat, sleep, and maintain their vehicle to perform their job.
Common Scenarios for Traveling Employee Injuries
Because traveling employees are protected "door-to-door," many incidents that would be denied for office workers are compensable for travelers:
Hotel Slip and Falls: If you are staying in a hotel for an overnight business trip and slip in the shower or trip in the lobby, you are generally covered.
In-Route Accidents: Car accidents occurring between clients or on the way to the first job site of the day.
Parking Lot Injuries: While we have discussed parking lot accidents before, traveling employees have even stronger claims if the "lot" is a public space or a client's private driveway.
The "Deviation" Exception: When Coverage Stops
While the protections are broad, they are not infinite. Coverage may be suspended if a traveling employee makes a "substantial deviation" for personal reasons.
For example, if a delivery driver finishes their route but decides to drive 30 miles in the opposite direction to visit a relative before heading home, an accident during that detour might not be covered. However, minor deviations (like stopping at a drive-thru or a convenience store) typically do not break the chain of employment.
Why You Need a Chicago Workers’ Comp Attorney
Insurance companies often try to apply the strict "Coming and Going" rule to everyone, hoping that traveling employees won't know their rights. They may claim you were "just commuting" to avoid paying out a claim.
At Leonard Law Group, we have a deep understanding of Illinois Workers’ Compensation Commission rulings regarding traveling employees. We know how to prove that your travel was a requirement of your job and that your injuries deserve full compensation.
Contact Leonard Law Group Today
If you have been injured while traveling for work, whether it was in a car, a hotel, or a client's facility, do not take "no" for an answer from the insurance company.
Call us today or contact us online for a free case evaluation. We have recovered over $750 million for injured workers across Illinois, and we are ready to fight for you.