Triumph in Illinois Workers' Compensation Case: A Detailed Look

In a significant legal victory, Black & Jones Attorneys at Law won an unprecedented award for our client in a workers' compensation case against his employer. The case—decided by the Illinois Appellate Court, Fourth District, Workers’ Compensation Commission Division—revolved around whether our client was to be classified as a traveling employee, and therefore, entitled to benefits following a motor vehicle accident on his way to a job site that left him permanently and totally disabled.

Case Background

Our client, employed as a union plumber and pipefitter member by Mechanical, Inc., sustained injuries in a motor vehicle accident while traveling from his home to a job site. As a union trade worker, his work was not performed at the employer’s shop, but instead, at various job sites owned by customers of the employer. Our client had worked at 29 different job sites over a year and a half, highlighting the nature of his employment which required frequent travel to various locations.

Tracy Jones of Black & Jones Attorneys at Law knew at the very first meeting with the client that this was a compensable injury and this client deserved to be compensated for his injuries. Tracy took this case to trial and fought for our client through several appeals, while the employer—trying to find any way to win—passed through several defense counsels.

Key Issues

The case hinged on two critical issues:

1. Traveling Employee Status: Whether our client was a traveling employee at the time of the accident.

2. Notice of Accident: Whether the injured worker provided adequate notice of the accident to his employer.

Court's Findings

Traveling Employee Status: Following the strategic and hard-fought battle by Black & Jones Attorneys at Law, the court affirmed that our client was indeed a traveling employee. The employer argued that since our client was a union trade worker hired to work for Mechanical, Inc. solely at customers’ locations, he should not be considered a traveling employee when he drove from his home to a job site or back. Instead, the employer tried to argue that he would only be a traveling employee when he traveled from one job site to another in a single day. The court disagreed.

The court held that despite traveling directly from his home to various job sites, the nature of the job itself required travel to places that were not considered the employer’s premise or location. It did not matter that he was driving from his home to the job site. The crucial fact was that his job required him to drive to a location that was not a single, known, consistent location of the employers. The court further found that since the nature of his work required him to be at different locations, sometimes repeatedly, a motor vehicle accident while driving constituted reasonable and foreseeable conduct. This classification as a traveling employee was crucial, as it led to a finding that his injuries arose out of and occurred in the course of his employment.

Notice of Accident: Mechanical, Inc. also tried to argue that our client failed to give proper notice of the accident. They conceded that they were aware the same day of the horrific accident that left their employee hospitalized for weeks. But, they claimed that since he did not state affirmatively that he felt it was a work-related accident until after he was released from the hospital, which was well after the 45 days required by law, his notice was insufficient.

The court again disagreed and found that our client provided adequate notice of the accident. Although Mechanical, Inc. was not specifically informed that the employee thought it was a work-related accident, the court noted that the employer was aware of the accident on the day it occurred. The liberal construction of the notice requirement under the Illinois Workers’ Compensation Act meant that our client’s notice was deemed sufficient.

Getting Results Our Clients Deserve

This case underscores the importance of understanding the nuances of workers' compensation law, particularly the classification of traveling employees. Our firm’s diligent representation ensured that our client received the benefits he deserved, setting a precedent for similar cases in the future. We are proud of this victory and remain committed to advocating for the rights of workers across Illinois.

If you’ve been injured at work, contact Black & Jones Attorneys at Law today for a free consultation to discuss your case and learn how we can help secure the compensation you deserve.