Chicago Work-Related Car Accident Lawyers
A work-related accident does not always happen at the office or job site. Many employees are injured each day operating cars and trucks as a part of their job responsibilities.
If you were injured in a work-related auto accident in Chicago, Illinois, contact the attorneys at Rosenfeld Injury Lawyers LLC today for a free consultation regarding your legal rights.
An Illinois Work-Related Vehicle Accident Attorney Can Help
The auto accident lawyers at Rosenfeld Injury Lawyers LLC can obtain the fair compensation you are entitled to receive for a Chicago area work-related automobile accident.
Learn more about your options for recovery under the Illinois Workers Compensation Act and motor vehicle code by contacting our legal team for a free case evaluation.
Determining if the Individual is an Employee or Independent Contractor
Unfortunately, a short trip across town related to a work activity can be far more dangerous than an extended cross-country trip than most employees would ever suspect. An astounding four of ten work-related fatalities are attributable to motor vehicle accidents close to work.
Whether the employee is a salesperson on business trips or an individual who drives a bus, van, taxicab, or delivery vehicle, they risk injuring themselves and others while on the job each day.
In the aftermath of a work-related car accident, it might be significant to determine the negligent driver's employment status to see if that is an independent contractor or an employee. How the motorist is categorized at work is extremely important as an employee would be entitled to have their medical expenses paid by the workers' compensation benefits carrier.
At the same time, an independent contractor would be responsible for paying their medical expenses through their company's insurance policy. In addition to medical expenses, an employee injured in a car accident might also be entitled to recover temporary total disability benefits if their injuries prevent them from working.
Average Worker’s Compensation Benefits for Injured Employees
Under Illinois workers compensation law, an employee would receive two-thirds (sixty-six percent) of their average weekly wage when a physician deems them unable to perform the duties related to their position. The distinction between an employee and independent contractor is also essential when multiple workers are injured in an accident caused by a co-worker.
If their employment status is categorized as an independent contractor, they could theoretically pursue a claim against the individual under an employer's auto liability policy. Alternatively, if the driver is considered an employee, they would be limited to benefits afforded them under the Illinois Workers Compensation Act.
An employee can not sue a co-worker or his employer in a civil action.
Employees Injured in Chicago Motor Vehicle Accidents Caused by Third-Parties
An employee injured in a car, truck, or any other type of motor vehicle collision that is not their fault or the fault of their co-workers might pursue personal injury claims for benefits under both the workers' compensation act and a claim against the driver at-fault (similar to a third-party construction claim).
While such a situation might allow an injured worker to recover benefits not provided under work comp from the responsible parties auto insurer, an employee much be mindful that any workers' compensation benefits paid out on their behalf have a presumed subrogation (recovery) claim from the third-party recovery.
Consequently, an employee injured in a motor vehicle accident due to the fault of a third-party should speak to an experienced attorney who can both obtain worker's compensation and third-party benefits for them in a way that will both maximize their total recovery and ensure subrogation rights are addressed at the time of settlement.
These interests are furthered when one law firm handles both the workers' compensation and a third-party injury case involving a company employee.
Common Causes of Work-Related Car Accidents
Our Chicago personal injury lawyers represent clients who have suffered minor to catastrophic injuries in work-related car accidents that include:
- Broken bones
- Spinal cord damage
- Traumatic brain injuries (TBIs)
- Severed limbs (amputation)
- Cuts and lacerations
Many of our clients were severely injured by other drivers who were found guilty of traveling faster than the speed limit, drunk driving, recklessness, and negligence. Our personal injury attorneys begin the legal process of filing an insurance claim on our clients' behalf to ensure they received adequate compensation for their car accident injury or wrongful death.
What to do After a Work-Related car Accident in Chicago
According to the National Highway Traffic Safety Administration (NHTSA) and the Illinois Department of Transportation, motorists can take specific precautions to avoid a work-related Illinois car accident that includes:
- Move the damaged car out of the traffic lane as quickly and safely as possible
- Call local law enforcement and ask for an ambulance to come to the accident scene if there is an injured person involved in the crash
- Get all contact information from others involved in the accident, including the driver's insurance number
- When possible, call the employer and make a report about the accident
- Give the police officer written evidence of insurance coverage including the employer's name and insurance company along with the policy number
- Be sure an accident report is submitted to the Illinois Department of Motor Vehicles within ten days if injuries or damages are involved
- Never discuss responsibility for the car accident or any details or circumstances about the crash with anyone other than the employer, police, an identified claims adjuster of the employer's insurance carrier, or retained attorney representing your legal interest.
The Chicago car accident lawyers could take legal action on your behalf. Let our law offices Obtain the police report, gather your medical records, speak to eyewitnesses, and build a case for a jury trial or negotiating a settlement.
Work-Related Accident Benefits
Work-related car crashes can be complicated when it requires deciphering a complex web of employment status, who is at fault for the accident, and insurance coverage issues. It is essential to have a work-related vehicle accident attorney to ensure adequate compensation is obtained for every available avenue of recovery.
Typically, the Chicago car accident attorneys can obtain enough compensation to cover various expenses that include:
- Medical bills to treat serious injuries
- Future medical treatment, rehabilitation, and therapy
- Lost wages from missed work
- Personal property damage
- Lost future earnings
- Pain, suffering, medical anguish, and emotional distress
If the worker was killed due to a work-related accident, family members could file a wrongful death lawsuit for financial compensation for their loved one.
The amount of compensation the family receives can cover past and future lost earnings, any unpaid medical expenses associated with the accident, funeral and burial costs, and compensation for the loss of consortium and companionship.
Work-Related Car Accident FAQs
What Happens if You get in a car Accident While Working?
Were you driving a company vehicle and had an accident that was your fault or not? Under Illinois law, your company might be held legally liable for any damages, injuries, or wrongful death.
Likely, your company's insurance coverage might have to pay all the victim's damages along with any injured passenger, cyclist, or pedestrian.
If the accident was your fault, you are still entitled to receive workers’s compensation benefits while you heal.
What is the Average Settlement for a Minor car Accident?
According to national statistics, settlements for car accidents involving company vehicles average around $20,000-$30,000, or more. If the accident involved severe injuries or wrongful death, the victims might receive significantly more, based on circumstances.
The amount a victim receives might be based on your company's insurance policy limits, likely one million or more.
What Must You do if You Have an Accident at Work?
Call the police to report the crash if you were involved in a vehicle accident while working for your company. Next, make sure that the emergency medical technicians are on their way to the accident scene to provide care and transport injured victims.
If possible, capture video and photographs of the accident scene, and take up-close pictures of the damage to the vehicles and your injuries. Always go to the emergency room even if you do not believe you are injured, to ensure that a competent healthcare professional diagnoses your medical health and treats your injuries.
How do You Respond to a low Settlement Offer?
The claims adjuster likely offered you a low settlement offer if you handle your auto accident compensation claim without legal representation. The claims adjuster and the insurance company have significantly more negotiating skills than the average car accident victim because they settle claims every day.
The best way to respond to a low settlement offer is to speak with an experienced Chicago car accident lawyer. An attorney will speak to the insurance carrier on your behalf to ensure you receive maximum compensation for your injuries and damages.
Does My Personal Auto Insurance Cover Business use?
Your family's auto insurance coverage is likely not affected if you were involved in an automobile accident while driving a company car or truck. Your company's commercial insurance policy likely covers liability on all aspects of the business, including its vehicles.
Your auto insurance coverage likely does not extend to any other entity, including vehicles owned and operated by your employer.
Hiring a Chicago Work-Related Accident Attorney for on the Job Injuries
Were you injured in an Illinois motor vehicle crash while at work or on the job, or was a family member killed?
If so, Rosenfeld Injury Lawyers LLC can help.
Our attorneys can provide legal representation, gather evidence, speak to witnesses, and provide legal strategies that have been proven effective at negotiating compensation for an on-the-job driving accident.
We provide all our car accident victims a contingency fee agreement, meaning if we are unable to secure financial compensation for their car accident claim, they owe us nothing. Contact our law firm today at (888) 424-5757 (toll-free phone number) or through the contact form to schedule a free consultation.
Your Cook County auto accident attorney must file all the necessary paperwork for your car accident case before the state statute of limitations expires. Our attorneys follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).