Hurt While Driving Between Job Sites: Is It Covered by Workers’ Comp?
Construction workers frequently travel as part of their jobs — driving between project sites, picking up materials, or moving from one work location to another throughout the day. When an accident happens during that travel, a critical question arises: is the injury covered by workers’ compensation? The answer depends on Illinois law’s core coverage standard and a specific legal doctrine that protects workers whose jobs require them to be on the road. If you were injured driving between job sites workers comp Illinois rules may well cover your claim.
This article provides general legal information; consult a licensed Illinois attorney for advice specific to your situation.
The Core Coverage Standard: Arising Out of and In the Course of Employment
Illinois workers’ compensation coverage is not unlimited — it applies to injuries that meet a specific legal test. Under 820 ILCS 305/1(b), a compensable injury is one that arises out of and in the course of employment. Both parts of this test must be satisfied.
“Arising out of” employment means there must be a causal connection between the employment and the injury — the work itself created the risk or condition that led to the harm. “In the course of” employment refers to the time, place, and circumstances of the injury. Generally, an injury occurs in the course of employment when it happens while the employee is doing something the employer expects, at a place the employer requires the employee to be, and during the hours the employer has the employee at work.
Travel between a worker’s home and a fixed, regular job site typically does not meet this standard — this is the “going and coming” rule, which generally excludes commuting injuries from workers’ compensation. But for construction workers whose employment routinely requires them to travel to multiple locations, a different and more protective rule applies.
The Traveling Employee Doctrine
Illinois recognizes the traveling employee doctrine, which significantly expands workers’ compensation coverage for workers whose jobs require them to travel as part of their duties. Under this doctrine, employees who are required by the nature of their work to travel are considered to be continuously in the course of their employment during that travel — not just while they are on a specific job site.
The Illinois Supreme Court addressed this doctrine directly in Venture-Newberg-Perini Stone & Webster v. Illinois Workers’ Compensation Commission, 2013 IL 115728. In that case, the court confirmed that a traveling employee who is injured during travel that is part of the employment relationship is covered by workers’ compensation. The court’s analysis makes clear that when an employee’s job duties require travel — as is common for workers who move from site to site — that travel is part of the employment, and injuries sustained during it fall within the scope of workers’ compensation coverage.
Venture-Newberg-Perini remains a key reference point for traveling employee claims in Illinois. If an insurer or employer is disputing coverage for a travel-related injury on the basis that the worker was “not on the job site,” this case provides direct authority for why that argument fails for employees whose work requires travel.
How This Applies to Construction Workers
The traveling employee doctrine is particularly relevant for the construction industry. Many construction workers — electricians, plumbers, pipefitters, ironworkers, carpenters, and laborers — are assigned to multiple job sites, sometimes in a single day. Their employer may direct them to report to one site in the morning and move to a different site in the afternoon. Others are required to stop at a supply yard, tool depot, or staging area before heading to the active work site.
In these situations, the worker’s travel is not personal commuting — it is a function of the job itself. An auto accident that occurs while a worker is driving from one employer-assigned site to another, or while transporting tools or materials as required by their employer, is the type of travel injury that the traveling employee doctrine is designed to cover.
Workers reviewing their rights under Illinois construction workers’ compensation should document the travel requirements of their employment carefully. Records showing that site-to-site travel was expected, directed, or compensated by the employer strengthen a traveling employee claim significantly.
What to Do After a Driving Injury on the Job
If you are injured in a vehicle accident while driving between job sites, the steps you take immediately afterward affect your workers’ compensation claim. Report the injury to your employer as soon as possible — Illinois law requires notice within 45 days, but earlier is always better. Seek medical treatment and make sure the treating provider knows the injury is work-related.
Gather information at the accident scene just as you would in any vehicle accident: exchange insurance information, take photographs, get the names of witnesses, and file a police report. In a workers’ compensation context, your employer’s insurer will want to know the specific route you were traveling, what you were assigned to do, and whether the employer knew and directed the travel. Having documentation of your assignment — a text message, email, or work order — can be decisive if coverage is disputed.
Additionally, if a third-party driver caused the accident, you may have both a workers’ compensation claim against your employer’s insurer and a separate personal injury claim against the at-fault driver. These claims can run in parallel, and an attorney can help you pursue both without interfering with either.
When Insurers Dispute Travel Injuries
Employers and their insurers sometimes deny travel-related workers’ compensation claims by arguing that the worker was simply commuting or that the travel was not directed by the employer. These denials are often incorrect when applied to construction workers whose employment genuinely requires moving between locations.
The IWCC arbitration process allows workers to challenge denied claims. The burden is on the worker to show that the travel arose out of and in the course of employment — but under Venture-Newberg-Perini Stone & Webster v. Illinois Workers’ Compensation Commission, 2013 IL 115728, Illinois courts have been clear that workers required to travel as part of their duties are covered during that travel. An experienced workers’ compensation attorney can present the factual record and legal authority necessary to overcome an insurer’s denial.
Talk to a Chicago Attorney — Free Consultation
If you were injured in a vehicle accident while driving between construction sites, do not accept an insurer’s denial without speaking to an attorney first. Travel injuries in the construction industry are frequently covered under Illinois law, and the traveling employee doctrine established in Illinois Supreme Court case law provides strong support for these claims. Phillips Law Offices represents injured construction workers throughout the Chicago area, including workers who were hurt while traveling as part of their jobs.
Call us at (312) 346-4262 or visit our contact page to schedule a free consultation. You pay nothing unless we recover benefits for you.