What if I was injured in a car accident at work?

Motor Vehicles Accidents - March 17, 2024

You might file an insurance claim against the other driver if you’re hurt in an auto crash. However, what if you were injured in a car accident at work or while driving for your job? You could be eligible to seek workers’s compensation benefits. A Chicago car accident lawyer from Horwitz, Horwitz & Associates answers some of your most frequently asked questions about on-the-job car accidents below.

Am I eligible for worker’s compensation if I’m hurt in a car accident at work?

You are likely eligible for workers’ compensation benefits if you are in a vehicle and on duty when involved in a crash. Some exceptions exist, such as if you were commuting to work but have yet to be on the clock. If you were driving on company property and injured by another worker, then the unique circumstances will determine whether you can file for workers’ comp.

Suppose you were a delivery driver or operating company vehicles when you were in a car accident. You can file a claim for benefits because you worked when the crash happened. Even if you are at fault for the accident, you can receive workers’ compensation because the only element you must prove is that you were working at the time.

How do I file my workers’ compensation benefits claim?

The Illinois Workers’ Compensation Commission (IWCC) oversees insurance requirements and claims for those who have been injured while working. To begin your claim, you must do the following:

• Seek medical assistance for your injuries.
• Report your injury to your supervisor in writing within 45 days.
• Ensure your employer has reported your injury to the IWCC.
• Follow up with your doctor for treatment and evaluation.
• Follow your doctor’s orders for care.

You should also speak with a qualified attorney who understands the law regarding car accidents and workers’ compensation cases. This gives you a better chance of securing your benefits quickly. Your lawyer can negotiate with the insurance company if they push back on your claim.

Can I still file a lawsuit for damages against the other driver?

You can often file a personal injury claim against the other driver who hurt you. Workers’ compensation will pay for your medical bills but only about ⅔ of your normal salary while you recover. You could request the remaining lost wages from your third-party lawsuit.

Workers’ comp insurance does not pay for property damage, such as repairing or replacing your car, phone, work equipment, or other items. It also doesn’t cover your non-economic losses, such as loss of enjoyment of life, pain and suffering, or emotional anguish. You must file a lawsuit against the negligent party to seek compensation for these.

How can my car accident attorney prove I was working during the crash?

Workers’ compensation insurance companies are like any insurer. They prefer paying as little as possible on claims and always watch out for fraudulent claims. This means they likely will argue your accident wasn’t work-related and deny your benefits. Your car accident lawyer in Chicago can investigate your circumstances and collect evidence such as:

• Photos of the crash scene, your injuries, property damage, road conditions, and weather
• Video footage from security, traffic, dashboard, and cell phone cameras
• Witness statements
• Medical records
• Cell phone records
• Your clock-in and clock-out activity
• Expert testimony

Your attorney will analyze and prepare this material to convincingly demonstrate how you were working when the crash happened and are eligible for benefits. The team at Horwitz, Horwitz & Associates is dedicated to securing the maximum compensation and benefits available to you. We work tirelessly to achieve the best outcome possible.

Schedule a free consultation with an experienced Chicago car accident lawyer by calling (800) 985-1819 or using our contact form today.