If you work as an employee, and you are injured while driving for work, you may be able to recover workers’ compensation through a claim with your employer.
For help navigating a workers’ compensation claim following a work-related car accident in Illinois, call Dodds Law Office, PC, at 309-807-3600 to consult with an experienced workers’ comp lawyer.
Delivery Drivers, Sales Reps, and Field Techs: Who’s Covered After a Crash?
According to data from the National Safety Council, accidents involving motorized land vehicles are the top cause of work-related deaths, resulting in 1,252 worker deaths in a recent year.
Depending on the nature of your work and the circumstances of the accident, injured workers may be able to file a workers’ compensation claim with their employer’s insurer. However, not all individuals driving for work qualify for workers’ compensation. Even employees covered by workers’ comp must prove that an accident occurred within the scope of their employment.
For example, some delivery drivers working for rideshare companies will not qualify for workers’ comp, as they are independent contractors, not employees. Meanwhile, someone like a sales rep or field tech typically works for a particular company as an employee, and therefore is likely to receive workers’ comp coverage.
Ultimately, this requirement means that you will need to prove that you were an employee at the time of the accident to file a workers’ comp claim. However, suppose you are an independent contractor, and another party’s negligence caused an accident. In that case, you may be able to file a third-party claim or lawsuit to seek compensation from the liable party.
Why Detours, Personal Errands, or Off-the-Clock Driving May Hurt Your Claim
Even if you are an employee and get into a car accident, you must show that the accident occurred while you were on the job in some capacity. Employees who are involved in an accident while commuting to and from work may not be able to recover compensation through workers’ compensation, as driving off the clock does not qualify as a work-related activity.
If you were taking a detour for personal reasons or taking time to run errands, even while on the clock, the nature of this travel also falls outside the scope of employment. Also, you may not be able to recover compensation if you engaged in criminal behavior to cause the accident, such as driving while impaired.
Generally, you must show that you were operating a vehicle on the job and that your driving was directly related to your work, such as heading to a work destination by taking a direct path to that location.
Compensation for Work-Related Car Accidents
If you are able to file a workers’ compensation claim, you may be able to recover several types of compensation through your employer’s insurance, such as:
- Medical expenses for treating injuries resulting from the accident
- Lost income and lost earning capacity
- Disability, including partial or total, permanent or temporary disability
Most car accidents happen because of one or more parties’ negligence. As such, even if your accident occurred outside the scope of employment, you may be able to file a third-party claim or suit against negligent drivers or other parties.
Some employees may also choose to file a third-party claim alongside a workers’ compensation claim, particularly if they would like to seek additional non-economic damages on top of the economic damages recovered in a workers’ comp case. Non-economic damages apply to the personal losses that victims experience, such as pain and suffering, disfigurement, loss of consortium, loss of enjoyment of life, and trauma.
All related damages will go into calculating a settlement, with which a workers’ compensation attorney may assist.
How a Chicago Workers’ Comp Lawyer Can Help After a Work-Related Car Accident
Following a car accident on the job, consult with an attorney before filing a workers’ comp claim for delivery driver injuries or as another type of worker. An attorney could help you determine whether you are able to file a claim with an employer, calculate a settlement, identify liable parties, and help file a third-party car accident claim or lawsuit if needed. If workers’ compensation denies your claim, a Chicago workers’ comp lawyer may be able to appeal the decision, helping you secure compensation if you have a valid reason to appeal.
At Dodds Law Offices, PC, we work to help our clients get total compensation via workers’ comp and personal injury claims. Contact us today to learn about your legal options in a free consultation.
