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Archive for the ‘Traveling Employee Injury’ Category

Out of State Work Injuries

January 29th, 2016 at 12:15 pm

out of state, Illinois workers' compensation attorneyIn many areas of the law, one of the most important factors is where an event in question took place. But, under the Illinois workers’ compensation system, where a work injury takes place is not nearly as important your relationship to your employer. You may still be covered by Illinois worker’s compensation law even while you are out of the state.

Traveling Outside of Illinois for Work

All Illinois employers are required to have workers’ compensation insurance for their employees. If you are hurt while performing the duties of your job, it often does not matter who is at fault for the accident; your injuries should be covered by workers’ compensation insurance. However, what if your job requires you to travel outside of the state?

If you are outside of Illinois and injured while performing your job duties, you are still covered by your employer’s workers’ compensation policy. The difficulty, though, can sometimes lie in determining if you were on the job or not.

A delivery driver who is in a car accident while delivering something just across the border in Missouri is a fairly obvious example of being injured while on the job. More complicated, however, would be a scenario involving an IT worker who is sent to Ohio for a conference by her employer and is injured at the hotel where she is staying. How such case would be handled would depend on many factors. This kind of situation is much less clear-cut, and requires a careful review from an experienced worker’s compensation lawyer.

Hired in Illinois Then Transferred Out of State

Another example of when an out-of-state incident might be covered by Illinois workers’ compensation laws was raised in the case called Mahoney v. Industrial Commission. In this case a former United employee had worked in Illinois for years before being transferred at his request to Florida with no break in employment. In Florida, the claimant was injured on the job and the court ruled that he was covered by the Illinois workers’ compensation system.

These kinds of cases are very fact-specific. Other cases that seem similar to Mahoney have found that the employee was not covered because of some break in the chain of employment.

If you have been hurt while working for your employer, just because the accident happened out of state, does not mean you are out of luck. When have been injured while performing your job, you need to speak with a seasoned and dedicated DuPage County workers’ compensation lawyer right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Sources:

http://www.illinoiscourts.gov/opinions/supremecourt/2006/january/opinions/html/100239.htm

http://www.iwcc.il.gov/act.pdf

Illinois Bill Would Limit Employer Liability for Travelling Employee Injuries

August 27th, 2014 at 10:34 am

employer liabilityA bill currently pending in the Illinois legislature would put limitations on an employer’s liability for injuries an employee receives while traveling on the way to work.

Senate Bill 2622, introduced by State Sen. Kyle McCarter (R, Lebanon), would not require employers to provide workers compensation benefits for an employee who becomes injured if the employee was not traveling for work purposes when the injury occurs.

The bill is aimed for employees who are required to travel in connection with their job. It says compensation for an injury that occurs while traveling will only be provided “if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment.”

If it passes, the proposed law would cover incidents such as a recent workers’ compensation case that was appealed to the Illinois Supreme Court. The court ruled that just because a worker accepts a job that is a distance away from his or her home that does not mean the employee automatically becomes a “travelling employee”, nor is the employer is automatically liable for any injuries the employee may incur while traveling to and from work. The new bill was introduced a month before the court’s ruling.

Bill 2622 is part of a package of workers’ compensation bills, including Bill 2623, which addresses new injuries to previously paid body parts; Bill 2625, which addresses temporary disability payments for employees who have been terminated for just cause; and Bill 2626, which addresses wage calculations for employees who work less than 52 weeks per year.

If you or a loved one has suffered a workplace injury, you need an experienced Illinois workers’ compensation attorney to represent you and make sure you receive the compensation you are entitled to under the law.

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