Workers’ Compensation for Truck Drivers in Illinois

Helping Illinois Truck Drivers Recover Benefits for Work-Related Injuries

Workers’ compensation for truck drivers can be complicated due to the high medical expenses and the challenges of calculating disability benefits. Our Chicago-based firm provides expert guidance in workers’ compensation for truck drivers, helping injury victims statewide get their fair share. Contact us today for a free consultation with award-winning attorneys. 

Extensive Experience Recovering Compensation for Injured Truck Drivers

Our law firm is a member of the Million Dollar Advocates Forum, having secured over $450 million in compensation for clients nationwide over the past 25 years. Through our advocacy, our Chicago workers’ compensation lawyers help injured drivers secure far more than the average settlement, such as these agreements.

$6,000,000: Frank suffered fatal injuries after falling from a sleeping cab while resting near I-90. This wrongful death settlement covered his final medical expenses and funeral costs.

$750,000: Alfred was pinned by a forklift operator at a Palos Hills warehouse, sustaining crush injuries to his leg. This settlement was in addition to his workers’ compensation benefits. 

$699,500: John was standing on a McKinley Park loading dock when a fellow truck driver backed his rig into him, causing severe crush injuries. 

What Are the Most Common Work-Related Injuries for Truck Drivers?

Truck driving is very dangerous, involving large equipment, heavy loads, and long hours of driving. Common workplace injuries occurring in the trucking industry include the following.

• Neck, shoulder, and back injuries while loading and unloading cargo.
• Concussion and head trauma from falls or motor vehicle collisions. 
• Repetitive stress injuries from long hours of shifting gears and navigating.
• Fractures, broken bones, and traumatic injuries due to motor vehicle accidents.
• Hand and finger damage from repetitive movements or faulty doors. 
• Crush injuries from falling loads, slamming hoods, or broken hydraulics. 
• Knee and ankle injuries occurring while entering or exiting the vehicle.
• Hearing loss from loud noise exposure.
• Occupational diseases, including asthma and cancer, from diesel exhaust and other hazardous chemicals. 

Do Trucking Companies Provide Workers’ Compensation Insurance for Independent Contractors?

The Illinois Workers’ Compensation Act does not cover independent contractors or owner-operators, only employees (820 ILCS 305). As trucking companies will do anything to avoid paying workers’ comp benefits, they may intentionally misclassify employees as contractors.

Our attorneys will investigate your employment records and job duties to determine whether you were misclassified and should be covered by workers’ compensation insurance. If we determine that you were properly classified, then we will assist in filing third-party claims against employers, manufacturers, other motorists, and other negligent parties.

What Workers’ Compensation Benefits Are Available for Truck Drivers?

Most states require employers to provide workers’ compensation coverage for employees, including Illinois (820 ILCS 305). The Illinois Workers’ Compensation Act offers health insurance that should cover your full range of medical care, including physical therapy and rehabilitation.

Additionally, you can recover a portion of your lost wages, up to the Average Weekly Wage. There are four different classifications for workers’ compensation benefits based on your expected recovery, what body part was injured, and whether you can work while recovering.

Temporary Total Disability benefits are for those who cannot work at all while they heal, while Temporary Partial Disability covers those who may be able to perform a portion of their job duties, such as light work at the dispatch facility. 

Permanent Partial Disability provides vocational treatment and a portion of the wage difference for those who must change jobs. Lastly, Permanent Total Disability is for severely injured drivers who cannot return to work, such as those who lost a body part or suffered a traumatic brain injury. 

For fatal trucking accidents, surviving family members may receive death benefits, which should be for up to 25 years or $500,000, whichever is greater

How Much Can Injured Truck Drivers Recover in Illinois?

Your workers’ compensation benefits will cover all medical costs, including medical bills for rehabilitation or job retraining. For example, if you are no longer able to drive, you may be eligible for retraining to become a dispatch operator or safety expert. 

Lost income calculations are different for truck drivers. A workers’ compensation claim is based on the driver’s Average Weekly Wage (AWW) and includes elements like mileage pay, per diem, and bonuses. 

Mileage Pay: Many drivers receive payments based on the mileage they have driven, which should be included in AWW calculations. If these miles were for purposes like driving to doctors’ appointments, they may not be included.

Per Diem: Some truck drivers receive a stipend for travel expenses, like meals, lodging, and gas. If this is part of your remuneration (included in pay), then it will be included in AWW. If it is reimbursement for your own expenses, it will not be included.

Bonuses: Truck drivers may receive bonuses for hitting certain metrics, like on-time bonuses or the number of hours driven. If these are expected as part of your gross wages, they could be covered by your workers’ compensation claim. If they are discretionary bonuses that were not expected, they would not be a part of AWW. 

What Is the Average Truck Driver’s Workers’ Compensation Lump Sum Payout?

The average lump sum payout for truckers is $1,293,778. Payouts range between $8,414 and $7,850,000. 

Those with more serious injuries will receive higher workers’ comp settlements. In one case, Jose Juan Padron Rodriguez suffered a brain injury that left him comatose for two months. He was placed in a care home, where he requires 24/7 care. The workers’ compensation insurance company did not dispute his injuries, and he received $7,850,000.00. 

In another case, Frederick Berry suffered a torn rotator cuff and herniated discs when 1,925 pounds of freight landed on his neck and shoulder. He required multiple surgeries and was not able to return to work. The insurance company settled for $250,000.00. 

How to File an Illinois Workers’ Compensation Claim as a Truck Driver

Prompt action is crucial for injured workers. Follow these steps as soon as possible.

• Report the injury to your employer within 45 days as required by law (820 ILCS 305/6). If you were in a truck accident, notify your dispatcher or safety manager.
• Seek immediate medical attention at the closest hospital. Inform the doctors that your injury is job-related. Workers’ compensation allows you to choose up to two doctors (820 ILCS 305/8(a)). 
• Get contact information for any witnesses so that we can interview them for further information. 
• Follow all treatment recommendations to demonstrate a continuation of care. 
• Gather evidence, including witness reports, accident reports, photos of the accident scene, and your clothing and footwear.
• File an Application for the Adjustment of Claim with the Illinois Workers’ Compensation Commission (IWWC).
• Keep records of your medical expenses, lost wages, and mileage for treatment.
• Do not speak to insurance companies without a lawyer. 
• Contact a skilled workers’ compensation lawyer who can ensure that your Average Weekly Wage (AWW) is correctly calculated, including mileage, per diem, and bonuses.

What If My Workers’ Comp Claim Is Disputed or Denied?

It’s common for workers’ compensation benefits to be denied upon the first claim. However, our skilled attorneys will appeal the denial with the Illinois Workers’ Compensation Commission to ensure you can attain financial stability after an accident. These are some of the most common denials we see, as well as how we will counter them.

Injury Was Not Work-Related: To receive workers’ comp, you must prove that your injury occurred in the course of your employment. However, insurers will argue that your injury could have occurred even if you were not working. The Illinois Supreme Court Case McAllister v. Illinois Workers’ Compensation Commission clarifies that you are entitled to workers’ compensation if you were put at a higher risk of harm due to your employment, even if that injury could have occurred to anyone.

Driver Was Off the Clock: The company may insist that you were not performing your duties at the time of the accident, such as a slip and fall incident at a gas station. We can demonstrate through work logs, dispatch records, and accident reports that you were engaged in work for your employer at the time.

Driver Is Not an Employee: Workers’ compensation only covers employees, not contractors. As such, the company may attempt to misclassify you in order to avoid paying for your needs. We can counter this by reviewing employment records and business communications to demonstrate that your classification. 

Pre-Existing Conditions: This denial is common for soft tissue injuries, repetitive stress injuries, and occupational diseases. However, we can work with medical experts to demonstrate that either the injury is directly related to your work or was exacerbated by your duties.

Bad-Faith Tactics: Insurance agencies are barred from using tactics such as refusing to investigate claims, repeatedly assigning new adjusters to delay payments, or denying claims without an adequate explanation. However, injured drivers without legal representation often face these deceptive tactics. We are highly familiar with the games that adjusters will play and force them to follow Illinois’s insurance laws. 

Are There Any Other Options for Compensation in Illinois?

Truck drivers can also sue parties other than their employer if someone else’s negligence was the primary cause of the accident. You cannot sue your employer if you are also making a workers’ compensation claim. 

Potential defendants for a third-party claim could be negligent motorists, product manufacturers, repair companies, subcontractors, or other companies, such as freight loaders.

The Illinois Joint Tortfeasor Contribution Act allows for the allocation of blame among multiple parties, making it possible to sue more than one individual or organization (740 ILCS 100/). Our attorneys will thoroughly investigate the accident to determine the liable parties.

How Long Do I Have to File a Workers Compensation Claim in Illinois?

Workers’ compensation has a statute of limitations of two years after the last remuneration from the company, or three years after the accident, whichever is later (820 ILCS 305/6(d)). For third-party liability claims, you typically have two years from the date of injury to file (735 ILCS 5/13-202). 

How IL Work Injury Lawyer Can Help

We provide comprehensive service to injured workers throughout Illinois, including in Chicago and metropolitan Cook County. Our services include the following tasks.

Investigation: While workers’ comp is a no-fault system, you may be eligible for a third-party lawsuit in addition to your insurance claim. We will review truck black box information, employment records, surveillance footage, and witness statements to understand how the injury occurred and who may be liable.

Expert Consultation: To make a workers’ compensation claim, you must demonstrate that the injuries are directly tied to your employment. This is especially important for certain types of injuries, such as repetitive stress damage and occupational diseases, that cannot be connected to one specific incident. We will consult with medical experts, safety professionals, and other professionals who can explain how your injuries are connected to your duties. 

Calculating Damages: Truck drivers have different compensation than workers in other fields, including mileage, per diem, and bonuses. We will thoroughly evaluate all your financial losses to ensure that everything is included in your settlement.

Communication With Third Parties: Our team will handle all communication with insurance adjusters, employers, negligent companies, and other parties involved so that you can focus on healing.

Filing and Appealing Claims: We will ensure that all your claims are filed properly and on time, keeping you updated throughout the process. Through our investigations, we can provide a more convincing claim that accurately describes your injuries.

Hearing Representation: If your claim is initially denied, we may need to attend hearings at the IWCC to explain that you suffered work-related injuries and are eligible for compensation. We will skillfully prepare your argument and negotiate with the insurer to ensure that you receive a fair settlement.

Book a Free Consultation 

Truck driving is one of the most dangerous professions due to the long hours on the road, heavy loads, and the risk of fatal accidents. If you’ve been hurt at work, you don’t have to face the workers’ compensation or third-party claim alone. We serve truckers throughout Illinois on a contingency fee basis, ensuring that everyone has access to high-quality legal representation following a work injury. Contact us today for a free consultation about your legal rights.