What Happens if I Am Injured While Driving for Work in Illinois?

 Posted on June 04,2021 in Workers’ Compensation

For many employees, driving is an important part of their work responsibilities. Commercial truck drivers, delivery drivers, employees who travel between work sites, and even employees who occasionally run errands for their employer during the workday will often find themselves on the road, and this comes with exposure to the risk of serious injury in a motor vehicle accident. If you are injured while driving for work, it is important to understand your options for recovering compensation.

Workers’ Compensation Through Your Employer

In many cases, a person who is injured in an accident while driving for work is entitled to Illinois workers’ compensation benefits through their employer. Workers’ compensation claims do not require a demonstration of fault or negligence on the part of your employer, but in order to be eligible for benefits, the following must be true:

• You must be classified as an employee, rather than as an independent contractor.
• The injury must have occurred during the course of your work. Usually, this excludes accidents that occur during the commute to and from work.
• The injury must not have been the result of your intoxication or a serious criminal violation on your part.

If you are approved for workers’ compensation, the benefits will cover all medical expenses related to your injuries. Depending on the severity of your injuries, you could also qualify for temporary or permanent disability benefits to compensate for a portion of your lost wages.

Third-Party Personal Injury Claims

If your motor vehicle accident injuries are not covered by workers’ compensation, or if your damages exceed what workers’ compensation covers, you may be able to recover compensation through a personal injury claim against a negligent third party. Most commonly, this is possible when another driver, who has no affiliation with your employer, is at fault for the collision. To succeed in your claim, it is important to work with an experienced attorney who can help you build a strong case supported by evidence of negligence, and who can negotiate a fair settlement or represent you in court.

One benefit of a third-party claim is that the compensable damages are not limited to the types of benefits covered by workers’ compensation. This means that you may be able to recover additional compensation for lost wages and earning capacity, as well as non-economic damages for pain and suffering, loss of enjoyment, scarring, and disfigurement.

Contact a Waukegan, IL Car Accident Lawyer

Determining your best course of action after a work-related vehicle accident can be difficult, but at Salvi & Maher, L.L.C., we have the knowledge and experience necessary to help you work toward the best possible outcome. Whether you need to file a workers’ compensation claim, a third-party claim, or both, we can guide you through the process. Contact our Lake County personal injury attorneys today for a free consultation by calling 847-662-3303.

Sources:

https://www2.illinois.gov/sites/iwcc/Documents/handbook.pdf

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115.2