Workers' Compensation: Traveling Employee

The Illinois Appellate Court has greatly expanded the scope of what constitutes a “traveling employee” for purposes for workers’ compensation. For example, an employee’s injuries were found to be compensable when that employee slipped and fell on the way to work.

Proposal

  • What constitutes travel for the purposes of workers’ compensation should be narrowed.
  • An employee would only be able to recover workers’ compensation while traveling if the travel was necessary for the performance of job duties. The employee must receive reimbursement for the travel or use a company car, and the travel must be required by the employer.
  • This change, in addition to the heightened causation standard, will greatly limit the situations in which an employee “traveling for work” is able to recover.

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