Work-related injuries in Illinois are compensable to employees under two conditions:
- The injury occurred in the scope of employment;
- The injury arose out of the course of employment.
Injuries that happen on one’s work commute, however, are generally not deemed compensable, because courts have generally ruled that they do not satisfy the second prong. Specifically, one’s employer isn’t deriving a benefit from the commute, so the commute isn’t considered within the scope of employment because it’s not part of the ordinary course of one’s work.
But as our workers’ compensation attorneys can explain, this principle-known as the “coming-and-going rule”-is not absolute. There are numerous exceptions to the coming-and-going rule, so one should not assume an injury isn’t covered by workers’ compensation benefits just because it happened on the way to or the way home from work.