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Work comp claim while driving to work
#1
Need to try and do an better search because I didn't find much yet but the news here has talked about a case the Illinois supreme court just ruled on. The report only says a man had taken a temp job at a power plant and was seriously injured in a car wreck on his way to work. Says the IL comp system approved his claim and I'm guessing since there is a ruling by the IL supreme court they must have appealed the case. Says the ruling was that he was not actively employed while driving to work. Makes since but it sounds strange that the system would approve this kind of claim in the first place. Need to find more info because it sounds like the comp system was on the side of an employee which sound strange in this day. Hopefully he has been getting the treatment he needs and the WC system and the auto insurance can fight it out as to who is going to pay in the end
 
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#2
Is this the case you are looking for? http://www.state.il.us/court/Opinions/Su...115728.pdf
 
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#3
(01-08-2014, 11:44 AM)Manley2 Wrote: Need to try and do an better search because I didn't find much yet but the news here has talked about a case the Illinois supreme court just ruled on. The report only says a man had taken a temp job at a power plant and was seriously injured in a car wreck on his way to work. Says the IL comp system approved his claim and I'm guessing since there is a ruling by the IL supreme court they must have appealed the case. Says the ruling was that he was not actively employed while driving to work. Makes since but it sounds strange that the system would approve this kind of claim in the first place. Need to find more info because it sounds like the comp system was on the side of an employee which sound strange in this day. Hopefully he has been getting the treatment he needs and the WC system and the auto insurance can fight it out as to who is going to pay in the end

"going and coming" cases are very much dependent on specific facts and case precedents within the state.

generally in most states, ordinary regular commutes to and from work are excluded from comp coverage.
also generally in most states, there is an exception for drives where the employer varies the work site.
it may all turn on the type/frequency of variation--which i suspect is the interpretation of the two court decisions although I did not review kate's link.

if you read enough court cases, you will see the basic theme of "lawyering" is how many times you can split a hair or a legal principal.
modern lawyers use an electron microscope and quantum mechanics to try and win.

there is no movement to make laws more usable/understandable by its ordinarily educated citizens --as the need for lawyers would diminish.



Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#4
Yes that is the case and I tried to read thru it. I use to be a union pipefitter but not out of that hall. If you took a job out of another hall you were considered a traveler but I still don't see how they would consider this a WC injury. Not sure how it would work if they called him into work. As a union piperfitter if they called me up and said they needed me right now I was on the clock from the minute I picked up the phone.
Wonder what his auto insurance has said about this? I'm sure they were happy he was getting WC to cover it and wonder if they will have to pay them back now. Guess it depends on who has been paying and what was done
 
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#5
I worked on the German economy for the 4 years we were in Germany the last time.A coworker was involved in a car accident because he was on his way to work they covered him.But the laws over there was so different from ours.
........I love cats, I just cant eat a whole one by myself......







 
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#6
It sounds weird that they accepted it in the beginning and later just appealed it. Now the linemen that work for our state wps take company vehicles home in case of electrical outages. When the get called out there covered as soon as they start that truck. I guess it matters if you were going to a different location besides the main employment place. When I was injured in my accident I got screwed in a way. I was considered self employed but still collected a weekly check through a contract with the Milwaukee based company. I owned my own delivery vehicles sometimes the loads were so small I was able to take my siverado. It was my luck, I had the Silverado and was struck by a county plow truck. Since I didn't have my personal vehicle listed as a work truck my ins wouldn't cover anything besides the truck. The medical was covered instantly by wc, , infact they had a person from the main company where I worked beat me to mardhfield to give the hospital all info, and to meet my wife.
.
 
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#7
Bronco,a chevy? No wonder you were hurt so bad.May I suggest a ram 2500 best truck in the usa. Sorry I couldnt resist...
........I love cats, I just cant eat a whole one by myself......







 
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#8
Now Ram does make a nice truck but not good enough to put down a Chevy.
 
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#9
This is to funny, I shared your ford put down on fb and have been getting smack from one of my sons friend. I will be honest, I am a chevy man, have been since the late 80's. With this said I wont buy another new chevy, the new ones are so cheaply built. My step father inlaw has always been chevy, he recently got a dodge ram, wifes uncle owns a big concrete business and changed out his fleet of chevy's for fords. Chevy has awesome power train but everything else falls apart.
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#10
we put the 2 trucks together side by side on the same lot same color same interior goodies. We took the ram for a ride and not down a freeway....we came back and got in the chevy and didnt make it out of town till we turned it around.Bottom line is comfort for me Bill takes care of the rest,Comfort was much better in the ram and even more comfortable when its towing,doesnt bounce as much.Chevy had more cig lighters for computers and games but that was all it beat it with.
My son bought a new ford when he came back from Afganistan and a wife a year later I think they shrunk his brain....
........I love cats, I just cant eat a whole one by myself......







 
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