Are Workers’ Comp Rules Different for “Traveling Employees” in Illinois?

Many Illinois workers travel as part of their normal daily duties. This obviously includes delivery drivers, but also average workers whose employers ask them to travel to carry out specific tasks. You may not know this, but a different legal standard applies to workers’ compensation claims if you were “traveling” at the time of your accident. Learn more by contacting an experienced workers’ compensation lawyer in Illinois.

Appeals Court Finds that Lower Court Used the Wrong Legal Standard

On May 13th, 2026, Business Insurance reported an important appellate decision involving a workers’ compensation case in Illinois. The case involved a Subway employee who was transporting supplies between locations when she died in a car accident. An investigation into the 2022 fatality found that the victim had marijuana in her system at the time of the accident. Evidence also suggested that the employee may have been distracted by her phone while speeding.

The death benefits claim was processed without any issue. An arbitrator found that since the employee did not intentionally crash or display “reckless disregard” for her own safety, her family could still receive benefits. This decision was confirmed by the workers’ comp commission and upheld by a circuit court ruling.

When the insurer appealed the decision, however, an appellate court determined that the lower court rulings had relied on an incorrect legal standard. Because the decedent was a “traveling employee” at the time of her death, the “reasonable and foreseeable” standard should have applied instead.

What Is the “Reasonable and Foreseeable” Standard for Traveling Employees?

As a traveling employee, you are subject to a slightly higher standard when it comes to your workplace injuries. Normally, workers’ comp claims fall under “no-fault” rules, providing compensation even if an employee engages in extremely dangerous conduct. Only intentional acts or reckless disregard for personal safety supersede this no-fault system.

“Reasonable and foreseeable” includes any reasonable and foreseeable activities that a traveling employee might engage in. While driving between locations, a worker might glance at their phone or stop for a bite to eat. During a business trip, they might go sightseeing or rent a motorcycle. Accidents that stem from these endeavors are still compensable because it is “reasonable and foreseeable” to expect employees to engage in such activities while traveling.

Most legal observers agree that intoxicated driving goes beyond the “reasonable and foreseeable” standard. Other examples of acts that go past this threshold include drinking heavily at a bar and then getting into a fistfight or electrocuting yourself while using electronics in a hotel bathtub.

Can a Workers’ Compensation Lawyer in Illinois Help Me? 

A workers’ compensation lawyer in Illinois may be able to help if you’re having trouble with your claim. The different sets of rules that apply to traveling employees can be confusing, and it makes sense to discuss your specific situation with an experienced lawyer. Contact Connolly Injury Law today to learn more about your next potential steps.

Source:

businessinsurance.com/appellate-court-revives-dispute-over-fatality-involving-subway-employee/