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 Terry Dodds, at Dodds Law Office, PC, at 309-829-9300 to consult with an experienced workers’ comp lawyer.
Workers’ Comp for Work Driving Injuries in Illinois: Key Takeaways
Whether you can get workers’ compensation if you’re injured while driving for work in Illinois depends on your job status and what you were doing when the crash happened.
Key Takeaways
- You generally must be an employee. Independent contractors, including many rideshare and app-based delivery drivers, usually aren’t covered by workers’ comp.
- The drive must be work-related. Trips directly tied to your job are typically covered, while ordinary commutes and personal detours or errands often are not.
- Benefits cover economic losses. Workers’ comp can pay medical expenses, lost income, and temporary or permanent disability benefits, but not pain and suffering.
- A third-party claim may add compensation. If another driver caused the crash, you may pursue a separate claim for losses workers’ comp doesn’t cover.
Delivery Drivers, Sales Reps, and Field Techs: Who’s Covered After an accident in Bloomington, Illinois?
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.
Hurt on the Road for Work? You Shouldn’t Have to Fight for Coverage Alone.
An accident while driving for your job can leave you in pain, out of work, and unsure whether your employer’s insurance will step in. Attorney Terry Dodds has protected the rights of people in Bloomington and McLean County for more than 20 years. We’ll help you sort out what’s covered and what to do next.
Request A Free ConsultationHow Detours, Personal Errands, or Off-the-Clock Driving May Hurt A Workers Compensation 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.
Workers Compensation for Work-Related Car Accidents in Illinois
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.
Not Sure If Your Crash Counts as Work-Related?
Whether you were on a delivery route, heading to a client, or making a quick stop along the way, the details of your trip can decide your claim. Tell us what happened and we’ll help you understand your options, including claims beyond workers’ comp. Consultations are free, and there are no upfront attorney fees to get started.
Let’s Discuss Your CaseHow a Bloomington Workers Compensation Lawyer Can Help After a 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.
Work-Related Car Accidents in Illinois: Your Questions Answered
If you’re wondering whether you can get workers’ compensation if you’re injured while driving for work in Illinois, these answers cover the most common concerns.
Often, yes. If you’re an employee and the crash happened while you were driving as part of your job, such as making deliveries or traveling to a client, you can typically file a workers’ compensation claim. Workers’ comp is generally available regardless of who caused the accident.
Usually not. Ordinary commutes to and from work generally fall outside workers’ comp, as do personal detours and errands, even while on the clock. Exceptions can apply, such as for employees whose jobs require regular travel. The specific facts of your trip matter, so an attorney should review them.
Yes. You can often pursue workers’ compensation and a third-party claim against a negligent driver at the same time. The third-party claim can seek damages workers’ comp doesn’t cover, like pain and suffering. Your employer may be entitled to reimbursement of certain benefits from that recovery.
Report the accident to your employer as soon as possible. Illinois generally requires notice within 45 days, and a claim with the Illinois Workers’ Compensation Commission generally must be filed within three years of the injury, or two years after the last benefit payment, whichever is later.
