Victory for Union Trade Workers: Understanding Your Rights as Traveling Employees

In a landmark victory, Black & Jones successfully represented our client, a dedicated union trade worker, in a workers' compensation case against his employer. This case, decided by the Illinois Appellate Court, Fourth District, Workers’ Compensation Commission Division, underscores the rights and classification of union trade workers as traveling employees and their entitlement to benefits if injured traveling to or from the job site.

About the Case

Our client, a proud member of a union, worked as a plumber and pipefitter for Mechanical, Inc. He sustained injuries in a motor vehicle accident, while traveling from his home to a job site. For more than a year and a half, he was sent by the employer to 29 different job sites, reflecting the nature of much of union trade work, which often requires travel to various locations.

The case centered on two critical issues: traveling employee status and notice of accident.

Traveling Employee Status

The court affirmed that our client was indeed a traveling employee. Despite traveling directly from home to various job sites, the nature of his work required him to be at different locations, sometimes repeatedly. This established that his injuries arose out of, and occurred in, the course of his employment.

This classification is crucial for all union trade workers who travel to different job sites. Union trade workers such as plumber and pipefitters, carpenters, bricklayers, elevator constructors, iron workers, construction laborers, painters, general laborers, roofers, teamster members and IBEW electrical workers very often travel to job sites or customers’ locations to perform their job duties. Sometimes they travel to more than one site in a day. Other times, they travel to one location for several days, weeks or even months. With this victory by Black & Jones Attorneys at Law, in all of these cases, the workers are definitively considered traveling employees.

Notice of Accident

The court found that our client provided adequate notice of the accident. Although Mechanical, Inc. argued that they were not informed of the work-related nature of the accident until well after the requisite 45 days, 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.

This is an important reminder. A union trade worker does not have to say to his or her employer that they think they have a work-related injury. They need only tell the employer that they have a medical condition, or that an accident occurred, within 45 days of the accident to be entitled to benefits under the Illinois Workers’ Compensation Act.

Advocating for Workers’ Rights

This case is a significant reminder for all union trade workers: you are traveling employees. If you are injured while traveling to or from a job site, you are entitled to workers' compensation benefits. 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 union trade workers across Illinois.

Black & Jones can help guide you through the complexities of workers’ compensation. Call (815) 967-9000 or fill out our online form today. We’re here to help protect your rights.