Car Accidents While Working
Motor Vehicle Collision Lawyers Representing Residents of Wheaton and Schaumburg
In Illinois, just as in every other state, thousands of people are injured in car accidents each year. Many of those auto accidents take place while people are working. If you were hurt in a car accident while working, or while traveling for your job, you must consult a Wheaton or Schaumburg car accident lawyer who is able to assist you. We will thoroughly examine the circumstances of the accident and explore avenues to get you the full and fair compensation that you deserve. At Therman Law Offices, we are firmly dedicated to helping car crash victims navigate the complex legal process.
Workers’ Compensation for Car Accidents While Working
Under Illinois law, employers are required to compensate injured workers for job-related injuries. As a result, an individual who sustains injuries in a work-related car accident can typically seek medical expenses, lost wages, and other types of workers’ compensation benefits, provided that the person was driving as part of his or her job. In other words, if the car accident took place while the worker was acting within the scope of his or her employment, that worker will be eligible for workers’ compensation benefits. For example, if you got into a car accident on the way to the bank to deposit a check for your boss, you would likely be covered. Another example in which a worker would likely be covered is if the work required him or her to travel between multiple job sites.
The “Going and Coming” Rule
The “going and coming” rule is an exception to the typical rule that workers are eligible for benefits for work-related injuries. Normally, workers are not able to recover benefits for injuries and losses suffered while going to and coming from work. Put another way, if a worker is involved in a car crash on the way to or returning from work, he or she is generally not covered by the Illinois Workers’ Compensation Act. The rationale behind this rule is that a worker commuting to or from work is not considered to be acting within the scope of employment, and thus workers’ compensation would not apply. In addition, once an employee has clocked out for the day, the employer has no control over his or her actions and should not be financially responsible for an accident completely unrelated to the employee’s work. If you have been injured while traveling to or from work, however, you should still consult an attorney because there are limited exceptions to the going and coming rule that may be applicable in your case.
Third-Party Claims Based on Car Accidents While Working
In general, accidents while driving to and from work are not covered under the Illinois Workers’ Compensation Act. For example, if someone runs a stop sign in Wheaton or Schaumburg and crashes into you on your way to work, that would not be covered by workers’ compensation. You could, however, file a personal injury lawsuit against the at-fault party. The vast majority of personal injury lawsuits arise from negligence. Negligence is a common law cause of action that is recognized by Illinois courts. In order to prove negligence, the plaintiff bears the burden of establishing that the defendant owed the plaintiff a duty to use reasonable care, the defendant breached the duty of care owed to the plaintiff, the defendant’s breach was a direct and proximate cause of the accident, and the plaintiff suffered quantifiable damages as a result.
Contact a Trusted Car Accident Attorney Today
If you or a loved one has been hurt in a car crash while working, our experienced car accident attorneys can help you figure out your next steps. Depending on the specifics of your case, you may be able to recover workers’ compensation benefits or seek damages through a personal injury lawsuit. At Therman Law Offices, we are here to help you through the process of recovery so that you can put the accident behind you and move on with your life. We represent people in communities such as Wheaton, Schaumburg, Hoffman Estates, Streamwood, Elgin, Bartlett, Hanover Park, Bensenville, Wood Dale, Bloomingdale, Roselle, and Carol Stream. For more information, call us at 312-588-1900 or contact us online.