If you’re involved in a work-related car accident, you may qualify for workers’ compensation benefits. In Illinois, employers must compensate employees injured in job-related incidents, including vehicle accidents. Whether you’re making deliveries, driving to job sites, or heading to a business meeting, accidents can happen. These incidents are a leading cause of workplace injuries and fatalities.
If you’ve been injured while traveling for work, the attorneys at Chute, O’Malley, Knobloch, and Turcy, LLC can help you secure compensation. Contact us today at (312) 775-0042 for assistance.
What Qualifies As a Work-Related Car Accident for Workers’ Compensation?
Around 30% of vehicle crashes are work-related. Car accidents were the leading cause of workplace fatalities in 2023, making up 36.8% of all deaths. To qualify for workers’ compensation after common workplace injuries, you must meet four basic requirements. If you can meet these criteria after a work-related car accident, you should be entitled to benefits.
Required Elements for a Workers’ Compensation Claim
In Illinois, there are criteria to determine who is eligible for workers’ compensation.
Employment Relationship
To determine if a claim is valid, it’s essential to confirm that there is an employment relationship between the employer and the worker. The coverage of independent contractors under workers’ compensation policies can vary based on their employment situations, with some eligible while others are not.
Work-Related Injury
An injury or illness is considered work-related if it occurs while performing job duties. Examples include straining your back while lifting boxes or developing carpal tunnel from excessive typing. If you are involved in a car accident, you must have been driving the car for some purpose related to your job.
Economic and Non-Economic Damages
To make a claim, there must be actual damages resulting from the workplace incident; if not, there are no grounds for a claim. Employees who suffer damages from job-related injuries qualify for compensation benefits. These benefits include coverage for medical bills, lost income, diminished work ability, and pain and suffering.
The Employer Must Be Notified
In Illinois, workers must notify their employers within 45 days. You must adhere to the policies and procedures established by your employer when reporting an injury.
Workers’ Compensation Applied to Motor Vehicle Accidents
A work-related vehicle accident refers to any car incident that occurs while you are fulfilling job responsibilities. Situations where you could receive workers’ compensation for a car accident include:
- Using a company car or your personal vehicle for work tasks.
- Delivering items or transporting products.
- Traveling between different job locations.
- Attending mandatory meetings or conferences.
The commute to and from your workplace typically doesn’t qualify, unless your employer provides transportation, you are paid during the commute, or travel is an essential part of your job functions, such as a business trip.
How to File a Workers’ Comp Claim After a Car Accident on the Job
After a car accident while on the job, there are steps to take when submitting your workers’ compensation claim.
Seek Medical Attention
Get medical treatment as soon as possible after you’ve been injured at work. Even if you feel fine after a car accident, injuries may not be immediately apparent. Seeking medical attention creates a record of the link between the accident and your injuries, which may be helpful when filing your claim.
Inform Your Employer
You can inform your employer about an incident either verbally or in writing, but the Illinois Workers’ Compensation Commission suggests that you put it in writing. Include the date and location of the accident, if known, a brief description of what happened, and your contact details, such as your name, address, and phone number.
Telling a co-worker doesn’t count as informing your employer unless the co-worker is in a management position. You have a 45-days to notify your employer about the incident.
Employer’s Response and Filing the Claim
Once your employer is aware of your injury, they should provide you with a list of approved medical professionals for treatment, along with the necessary forms to file your workers’ compensation claim. In Illinois, you have three years from the date of the injury to submit your claim to the Illinois Workers’ Compensation Commission (IWCC). Your employer will also inform their insurance provider and submit the claim to the IWCC. They are required to accept or deny your injury claim within 14 days if it has caused you to miss three or more workdays, and they have 30 days to file an accident report with the IWCC.
Stay in Communication with Your Employer
Inquire about your employer’s procedures for submitting claims related to lost wages. It’s essential to maintain communication with them and handle any required documentation.
Monitor Your Claim’s Progress
Sometimes, your employer might not approve every aspect of your claim, which could lead to the need for an appeal. You can check the status of your claim on the Illinois Workers’ Compensation Commission’s website.
Why You Should Consult a Lawyer for a Work-Related Car Accident Claim
Managing a work-related car accident claim can be complex, involving various insurance companies, workers’ compensation regulations, and liability issues. Hiring a workers’ compensation lawyer can help you:
- Ensure you receive appropriate compensation for medical expenses, lost income, and emotional distress.
- Prevent claim denials by making sure all documentation is accurate and complies with legal requirements.
- Coordinate claims for workers’ compensation and third parties to maximize your recovery.
- Secure fair settlements and protect you from getting taken advantage of by insurance companies.
After a workplace injury, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC. We understand the Illinois workers’ compensation process, including types of workers’ compensation benefits, and can help you navigate your claim. We will thoroughly investigate your injury, assist with filing, and manage disputes that arise with your employer or the workers’ compensation insurance provider.
