Car Accidents on the Job
Driving is a significant part of many jobs in Illinois and across the United States. If your job requires any amount of driving, you are inevitably at risk of being involved in an auto accident. If you have suffered an injury in a car accident on the job, our Wheaton and Schaumburg workers’ compensation lawyers can help. At Therman Law Offices, we can meticulously analyze the facts of your case and help you seek the compensation that you deserve. You can trust that we understand the nuances of this area of law and will advocate for your rights at every step of the way, including during the initial claim and in any appeal that may be needed.Benefits Based on Car Accidents on the Job
Individuals who suffer non-fatal injuries in a work-related car accident can generally seek medical expenses, lost wages, and other types of workers’ compensation benefits as long as they were operating the motor vehicle as part of their job. In accidents in which a worker is killed in an on-the-job car accident, workers’ compensation death benefits may be available to the surviving family members. There are several factors that would indicate that you were on the job at the time of the accident:
- You were making a delivery for your company;
- You were driving another worker from your company;
- Driving is a routine part of your occupation (i.e., you are a delivery professional);
- You were running an errand for your boss or the company; or
- You are compensated for travel time to and from work.
It is important to note that simply getting in a car accident on your way to or from work would not be covered by workers’ compensation. This is because workers’ compensation only covers accidents that are within a person’s scope of employment. Our attorneys can look into the circumstances of your accident to determine whether or not your accident likely would qualify for workers’ compensation. This can be quite a complicated process.
Workers’ compensation is a kind of insurance that pays financial benefits to workers who become injured, ill, or disabled during the course of employment. The insurance policy is paid wholly by the employer and is available at no cost to the employee. You should be aware that the availability of workers’ compensation benefits for a car crash does not depend on who was at fault for the accident. In other words, even if the injured worker caused or contributed to the accident, that worker would still likely be eligible for workers’ compensation benefits, which can be paid as a lump sum settlement or in weekly installments.
Workers’ compensation is typically an “exclusive remedy,” meaning that the injured worker cannot sue the employer for their harm. Instead, the worker must go through the workers’ compensation system. However, if a third party (not the employer or a co-worker) caused your injury, you can file what is known as a “third-party claim” against the defendant. Unlike workers’ compensation claims, in which fault does not need to be established in order to receive benefits, civil claims do require establishing fault. These claims allow injured workers to obtain more damages than what they could recover through a workers’ compensation claim. Workers’ compensation will cover medical bills and lost wages from the incident but will not recompense the worker for pain and suffering or property damage.Consult a Job Injury Lawyer in Schaumburg, Wheaton, or Surrounding Areas
If you work as a taxi driver, as a delivery person, or in another profession in which you drive often, your risk of getting into a car accident is much higher than for people in other jobs. If you have been injured in a car accident on the job, the attorneys at Therman Law Offices can help. With years of experience, we understand how to navigate these cases. We proudly represent people in Wheaton, Schaumburg, Arlington Heights, Hoffman Estates, Streamwood, Elgin, Bartlett, Hanover Park, Bensenville, Wood Dale, Bloomingdale, and Roselle, among other cities. To speak about your case in more detail, call us at 312-588-1900 or contact us online.