Injured in a Car Accident While Working? Your Rights Under Illinois Law

What to Do If You’re Injured in a Car Accident While Working in Illinois

Work-related car accidents are common. Between 2011 and 2022, over 21,000 U.S. workers died in such crashes, accounting for 35% of all work-related fatalities. What you do after getting injured in a work-related accident is crucial. The right steps can strengthen your workers’ compensation claim.

Seek Medical Treatment

If you have serious injuries, call emergency services for medical care. Even if your injuries seem minor, they could worsen over time, so it's important to see a medical professional. Getting treatment aids your recovery and gives you essential documentation for workers' comp or personal injury claims.

Contact Law Enforcement

You should contact to law enforcement after a car accident. By contacting the police, you'll initiate the creation of a police report, which can support your claim. In Illinois, if the accident causes injuries or results in damages exceeding $1,500, you are required to report it to the police.

The police report will provide a thorough account of the accident, including its cause, the people involved, and statements from witnesses. When speaking with the officers, make sure to describe what happened as clearly and truthfully as you can, as this will help ensure your version matches the report. After the accident, if you need a copy of the police report, you can obtain it from your local police department by referencing the officer’s name and badge number.

Take Photos or Record Video Footage

At the accident scene, capture images of injuries, damage, and the entire scene. These photographs can act as valuable evidence to help establish what caused the accident and detail the extent of the damages involved.

Get Information from the Other Parties Involved

Make sure to gather information from other drivers or parties involved in the accident. This should include their names, insurance details, driver's license numbers, and contact information such as phone numbers. Additionally, note the specifics of all vehicles involved, including their makes, models, and license plate numbers.

Report the Accident to Your Employer

According to the Illinois Workers' Compensation Act, you must inform your employer about your injury. You can do this verbally or in writing, but providing a written notice is more effective since it serves as documented proof of your report. When you notify your employer, make sure to include details about the injury, as well as when and where it occurred. Generally, it's advised to report your injuries within 45 days following the incident.

Ensure Your Employer Submits a Report

Your employer must also file a workers’ compensation report with the Illinois Workers’ Compensation Commission. This report needs to include your personal details as well as specifics about the incident, such as the time and location of the accident, your activities at that moment, how the accident happened, and the injuries you incurred as a result.

Understanding Workers' Compensation for Car Accident Injuries

In Illinois, workers’ compensation benefits are available for employees who get injured in work-related incidents. If you are wondering what types of injuries or illnesses are covered by workers' compensation, it covers injuries and illnesses related to your work. The Illinois Workers’ Compensation Act mandates that most employers carry insurance to safeguard their workers.

If you sustained injuries while driving for work, you might qualify for several types of workers’ comp benefits, including:

• Medical Benefits: Coverage for all necessary treatments associated with your injury.
• Temporary Total Disability (TTD): Compensation for lost income during your recovery period when you are unable to work.
• Permanent Partial or Total Disability (PPD/PTD): Benefits for those facing long-term or permanent disabilities.
• Vocational Rehabilitation: Help with retraining or job placement if you can’t return to your previous role.
• Death Benefits: Support for the families of employees who suffer fatal injuries on the job.

Under Illinois law, there's no need to establish fault to receive these benefits. However, because of this, you cannot seek additional damages from your employer.

What Qualifies as a Work-Related Car Accident?

A work-related car accident happens while you're acting within the scope and course of your employment. Instances that qualify include situations where you're driving a company vehicle or your own for work tasks, delivering items or moving goods, transitioning between different job sites, or heading to a required business meeting or conference. However, regular commuting to and from your workplace typically doesn't fall into this category, unless your employer supplies transportation or the travel is an essential component of your job duties.

Why You Need a Lawyer to Handle Work-Related Car Accident Claims

A car accident lawyer in Illinois who knows how the amount of workers' compensation benefits is determined is vital for work-related car accident claims, guiding you through legal nuances and ensuring you get fair compensation while protecting your rights against insurers and employers. They know what a third-party claim in a Bloomington workers' compensation case is, and can manage both workers' compensation and third-party claims, gather necessary evidence, negotiate settlements, and represent you in court if needed. Lawyers analyze police reports, medical records, and witness statements to build a solid case and accurately assess both economic and non-economic damages, including future expenses and lost earning potential. Insurance companies often aim to reduce payouts, but a workers' compensation attorney can advocate for your interests and secure a reasonable settlement. For help with your work injury claims, contact us at Strong Law Offices.