Work-Related Car Accident Cases

Experienced Chicago-Based Attorneys

A work-related car accident can be challenging, as it may involve both a workers’ compensation claim and a third-party claim. IL Work Injury Lawyer can guide you through the legal process, ensuring you receive workers’ compensation benefits for your accident. Contact us today for a free consultation about your legal options following a work-related accident. 

What Qualifies as a Work-Related Car Accident in Illinois?

A work-related car accident occurs when you are in a motor vehicle accident while performing your job duties. This could be in your personal vehicle or a company vehicle. Illinois law entitles you to workers’ compensation benefits for these accidents as long as it can be proven that you were performing job-related duties at the time of the crash (820 ILCS 305). 

What Are Common Scenarios Leading to Work-Related Car Accidents?

Common reasons that work-related accidents occur include:

• Commercial drivers and truck drivers hit while delivering items.
• Salespeople traveling to meet clients.
• Construction and utility workers driving between job sites. 
• Employees transporting equipment or materials.
• Work-related tasks during job hours, such as running errands for the employer.
• Service workers driving between clients, such as housekeepers or personal assistants.

What Are Common Injuries Sustained in Work-Related Car Accidents?

Every year, many employees are seriously injured in car accidents while performing job duties. According to the Bureau of Labor Statistics, transportation incidents are one of the leading causes of work-related fatalities and nonfatal injuries. 

Common injuries in these work-related crashes include:

• Whiplash
• Broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Internal injuries
• Severe soft tissue damage

Unfortunately, some injured workers suffer permanent partial or permanent total disability, making it impossible to return to their previous job.

Who Is Eligible for Workers’ Compensation After a Work-Related Car Accident?

Employers typically are required to carry workers’ compensation insurance for their employees, which includes full-time, part-time, and temporary workers (820 ILCS 305). However, the employer’s insurance will not cover independent contractors, who will need to make a personal injury claim instead. 

To secure benefits, you must prove to the workers’ comp insurer that you were actively engaged in job-related activities at the time. Commuting to and from work is typically not covered, though there are exceptions if you are required to travel between job sites as part of your duties. 

What Workers’ Compensation Benefits Are Available to Car Accident Victims?

A workers’ compensation claim should cover all medical expenses related to the accident, including physical therapy. Additionally, it will cover a portion of your lost wages up to the statewide average weekly wage (SAWW). 

There are four categories of workers’ compensation depending on whether you can return to your previous occupation.

Temporary Total Disability: If you are not able to work at all while recuperating, you can receive up to the statutory cap in lost wages.

Temporary Partial Disability: Those who are on restricted duty due to their injuries can receive up to 2/3rd of the difference between their current and previous wages.

Permanent Partial Disability: If you cannot return to your past occupation, you can receive part of the difference between your current and past wages, as well as vocational rehabilitation. Workers’ comp can also pay for retraining for a new occupation.

Permanent Total Disability: Permanently disabled people, such as those with amputations or paralysis, can continue receiving a portion of their previous wages. 

For fatal work vehicle accidents, the next of kin can receive up to $8,000 for funeral and burial expenses (820 ILCS 305/7). They can also receive benefits for up to 25 years or up to $500,000, whichever is greater. 

Are There Other Compensation Options for Work-Related Vehicle Accidents?

If you seek workers’ compensation, then you cannot receive more compensation from the employer and the insurer. These benefits only cover medical bills and a portion of lost wages, not property damage or non-economic damages like emotional distress. 

Additionally, independent contractors are not entitled to these benefits, making it crucial that they seek legal advice from an experienced attorney to determine their other options. 

Personal Insurance

Your personal car insurance policy may cover damages if you were using your personal vehicle for work. Illinois law requires all motorists to have minimum liability insurance (625 ILCS 5/7-601). This includes $25,000 per person or $50,000 per accident in bodily liability, as well as $20,000 for property damage (625 ILCS 5/7-203). 

You must file a claim with the other person’s insurance company promptly to ensure that you meet all deadlines. Accident reports are not only essential evidence for this process, but are typically mandated if there are any injuries. 

You are legally required to file an accident report if there was any bodily injury or property damage in excess of $1,500 (625 ILCS 5/11-408). Some places, like Chicago, require reports if there is more than $250 in damage (9-56-010). 

Illinois uses modified comparative negligence, meaning that you can only seek damages if you are considered less than 50% responsible, and your compensation will be reduced by your percentage of blame (735 ILCS 5/2-1116). 

As such, you and your attorney will need to gather evidence proving liability, such as police reports, witness statements, accident scene photos, and medical records. Insurance agencies will also attempt to pin the blame entirely on you to avoid paying, making it crucial that you work with skilled lawyers. 

Independent Contractor

Your employment status can significantly impact liability and insurance coverage for a work-related accident. Workers’ comp does not cover contractors, meaning that you will need to file a claim against the at-fault driver.

You can also file a third-party claim against the employer, the at-fault driver, and property owners if necessary. The negligent motorist is typically liable for medical costs and full lost wages, as well as non-economic damages like emotional distress. The Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital removed the cap on non-economic damages, meaning you can receive as much as the insurance company or a jury sees fit. 

The employer can be held liable if they failed to provide proper training to you, pressured you to complete tasks in unreasonable times, or discouraged you from seeking medical attention after an accident so that you could return to work. 

How to Prove a Work-Related Car Accident Claim

To prove an occupational car accident, you will need evidence such as:

• Police reports and accident reconstruction evidence
• Photos of the accident scene, surveillance footage, and dashcam footage
• Witness statements and expert testimony
• Medical reports that link your injuries to the accident
• Employer records proving you were completing work-related tasks at the time

Our firm will help you gather this information and ensure that all negligent parties are held liable for your injuries. 

How Long Do I Have to File an Insurance Claim in Illinois?

If you are filing for workers’ compensation benefits, you have three years from the date of the accident or two years after the last paycheck from the company, whichever is later (820 ILCS 305/6(d)). Personal injury claims have a statute of limitations of two years (735 ILCS 5/13-202). Contact us immediately so that we can begin reviewing your case and gathering the requisite information for an insurance claim. 

How IL Work Injury Lawyer Can Help During the Legal Process

Our firm has a proven track record of success for work-related car accidents, having helped over 5,000 clients nationwide secure justice for their injuries. We have 25 years of experience in litigating both third-party liability and workers’ comp claims, seamlessly coordinating these so that you can receive maximum compensation.

We will thoroughly investigate the accident, consult with accident reconstructionists and other professionals, and gather strong evidence that proves liability. Through our aggressive negotiation, we will ensure that you receive the highest possible settlement from the workers’ compensation insurer or car insurance company. 

While these cases often settle out of court, it is sometimes necessary to go to trial. We are a member of the Illinois Trial Lawyers Association thanks to our strong track record in court.

IL Work Injury Lawyer’s attorneys have been welcomed into the Million Dollar Advocates Forum, having secured over $450 million in settlements and verdicts for our clients. These are just a few of the many successful cases we have handled.

$4,000,000: Raymond was on a work-related trip when he was fatally struck and killed while driving along the Stevenson Expressway. We secured this wrongful death settlement after careful negotiation with all insurers.

$2,000,000: While completing a delivery in Skokie, Kayla’s work truck was struck at high speed, causing a rollover. She sustained severe injuries that required multiple surgeries and physical therapy. This settlement was realized through a combination of a workers’ comp claim and a third-party claim against the liable driver. 

$449,000: Marla was in stop-and-go traffic along State Street, on her way to meet a business client for her employer. She was forcibly rear-ended, causing her head to hit the windshield and causing a concussion as well as soft tissue injuries. We identified the liable driver and coordinated a claim that covered her time off work. 

FAQs

Who pays for medical bills if the at-fault driver doesn’t have enough insurance coverage?

All drivers are required to have uninsured motorist coverage (UIM) (215 ILCS 5/143a-2). This policy will pay out if the other driver had no insurance coverage. Additionally, your health insurance can be used to cover the medical bills, and the hospital will secure payments from either your motor vehicle insurance or the other driver’s insurance, a process called subrogation. 

If these are not sufficient, then you can file a liability claim against the driver for the remaining funds. Our attorneys can work with you, the medical providers, and the negligent motorist to reduce your payments and ensure you do not have to pay out of pocket. 

Will workers’ compensation cover an accident while using my personal vehicle for work?

Yes, you can still receive compensation for medical expenses and lost wages if the company didn’t own the vehicle involved. You must be able to prove that you were engaged in job-related duties at the time of the accident, such as dropping off packages or traveling to meet a client. 

However, you will likely need to use your personal insurance provider to cover vehicle repairs. Our legal team will coordinate with the different insurers to ensure that everything is covered in accordance with all relevant policies. 

Should I accept the insurance company’s offer?

No, you shouldn’t accept the company’s initial offer, as it is usually lower than what you deserve. Typically, the insurer will attempt to get you to settle as quickly as possible, sometimes before you have time to speak to an attorney. Let our car accident attorneys negotiate with the insurer to ensure you receive a fair settlement. 

Book a Free Consultation

Our award-winning work injury attorneys in Chicago will fight to secure the highest possible compensation for your injuries in a work-related motor vehicle crash. Whether you’re an independent contractor or a full-time employee, we will determine the right legal options and represent you in negotiations with insurers. We work on a contingency fee basis, meaning you owe us nothing unless we win your case. To schedule a free consultation with a skilled car accident attorney, contact us today.