Layover Injuries

Illinois employers – even those who employ as few as one employee – are subject to certain requirements with respect to workers’ compensation. The employer’s primary obligation under the Illinois Workers’ Compensation Act is to obtain workers’ compensation on behalf of all employees. Workers’ compensation insurance must be obtained at the sole expense of the employer, and no portion of the premiums or benefits can be charged back to the employee. Illinois employers are allowed to self-insure, but they must obtain state approval to do so.

In addition to the obligation to obtain workers’ compensation insurance or obtain state approval to self-insure, Illinois employers are required to:

Post a notice (found at http://www.iwcc.il.gov/forms.htm) in the workplace regarding workers’ compensation rights;

It can be important for an United Airlines employee to discuss an injury during a layover with an attorney. As demonstrated by numerous cases, including that of a flight attendant bitten by a spider while sleeping in a hotel during a layover, a Los Angeles flight attendant may be eligible for workers’ compensation. Understanding how the concept of “course and scope of employment” applies to layover injuries is essential to taking the best course of action in this type of situation.

Workers’ compensation benefits are provided to employees who are injured in the course and scope of employment. There are some key differences in the way that concept is applied to the circumstances of traveling workers, such as United Airlines flight attendants, and typical, fixed place employees. The range of circumstances that can be considered as within the course and scope of employment is much broader for traveling employees, allowing them to be compensated for injuries that would typically be denied had they occurred in a worker with a fixed place of employment.

After-hours injuries or accidents that occur during travel to and from the job are not covered in fixed place employees. However, if a Los Angeles flight attendant is injured in a hotel or restaurant during a layover in Chicago or while in route to one, those injuries may well be compensable. Generally, workers who are traveling on behalf of their employers are regarded as acting within the course of employment throughout the entire period of travel. Procuring food and shelter are considered incidents of employment in the case of traveling employees, and injuries sustained during the course of these activities are typically covered by workers’ compensation.

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