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Coffee Break

Question: While driving from one worksite to another, a safety supervisor stops to get coffee at a gas station. The gas station is within a reasonably direct route of travel to the second worksite. While standing in line to pay for coffee, an out-of-control vehicle driven by an elderly man crashes through the wall and runs him over, breaking multiple bones. Is it compensable? -Nate B. 3/15/21

Answer(s):

'Your mileage may vary' with this particular response... because these are determined on a case by case basis. The challenge here is that Illinois requires injuries to arise within the course and scope of the employee’s employment, and deviating for coffee at a gas station appears to be more of a personal errand. If the injured is a "travelling" employee, it is expected that they will have to run errands, and they may be covered. If they are not a travelling employee, it probably isn't covered, as this would be considered outside the course/scope of employment. Some complications though, if it is a company vehicle and he needed to put gas in it, that could be considered within the course/scope of employment. This question would have to be answered on a case by case basis. -McKell S. 3/15/21


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