Car accidents while on the job can occur unexpectedly, whether you’re delivering items, traveling between sites, or heading to a meeting. If you find yourself in such a situation, you might have two legal options: a workers’ compensation claim through your employer and a third-party injury claim if another driver is at fault. These claims can be complicated, so it’s wise to consult with a personal injury attorney to understand your rights and maximize your compensation.
For assistance after a car accident, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Workers’ Compensation vs. Personal Injury Claims in Illinois Car Accidents
Driving is the leading cause of work-related deaths in the U.S., accounting for nearly 40% of all such fatalities. In Illinois, after a work-related car accident, you may claim workers’ comp for a car accident. On the other hand, a personal injury claim can be made against the responsible party.
The Difference Between Workers’ Comp and Personal Injury
There are differences when comparing workers’ comp vs. personal injury, so it’s important to make an informed decision about how to proceed after your injury.
In a workers’ compensation case, you obtain benefits through an insurance policy, while personal injury claims are against individuals or businesses responsible for the vehicle accident.
Although both avenues can assist in covering your medical expenses, there are distinct differences in the type of compensation available, the evidence you need to provide, and the limitations you might encounter.
Fault vs. No Fault
A key difference between personal injury claims and workers’ compensation is the proof required for compensation. Workers’ compensation is a no-fault system, so you don’t need to prove who caused the accident.
In personal injury claims, you must establish third-party liability by demonstrating the other party’s negligence with clear evidence. If you’re found partially at fault, your compensation could be reduced or denied entirely.
Scope of Compensation
In a car accident, if workers’ compensation covers you, you can receive payment for medical expenses and about two-thirds of your lost wages, or disability benefits, but this only applies if the incident occurred during work hours. Conversely, a personal injury claim comes into play when another party is responsible for a work-related car accident. This allows for recovery of full lost wages, compensation for pain and suffering, and property damage, thus providing a wider range of compensation options.
Filing Personal Injury Claims for On-the-Job Vehicle Accidents
If the accident wasn’t your fault, you can file a personal injury claim against the at-fault driver. The process for this claim will be similar to any other personal injury case.
Start Medical Treatment and Gather Evidence
After a car accident, prioritize your health by seeking immediate medical attention. This establishes a clear link between the accident and your injuries through medical records and counters any claims that you were negligent by delaying treatment. Gather all necessary documentation to support your case, including your doctor’s reports on your injuries and recovery, any police reports, photos of the accident scene, records of medical expenses, estimates for property damage, and evidence of lost wages due to your injuries. Having these documents prepared will help when dealing with insurance adjusters.
Contact a Personal Injury Lawyer
It’s not mandatory to hire an attorney when filing an injury claim, but having one on board early can help prevent missteps that might impact your case later. Additionally, those who work with an Illinois work injury lawyer often secure higher settlements, navigate the legal process more effectively, and are more likely to have a successful claim.
Set Up Your Claim and Send a Demand Letter
To initiate a personal injury claim, you need to notify the individual responsible for your injuries and their insurance company. You might also need to contact your own insurance provider. If you’re uncertain about whom to file with, a personal injury lawyer can help.
This process starts with a demand letter, where you formally request compensation for your damages. The letter outlines your case’s legal basis and typically includes:
- The amount you’re seeking
- The defendant’s liability
- A summary of your injuries
- Medical treatment details and costs
- Lost wages incurred or expected
- Any additional damages, like pain and suffering
After sending the demand letter, the responsible party or their insurer will respond with an acceptance, rejection, or counteroffer, which leads to negotiations. If they reject your demand or make an unsatisfactory counteroffer, you can proceed to file a lawsuit. Most claims, however, are settled before reaching trial.
Can You Pursue Both Workers’ Comp and Personal Injury for the Same Accident?
If you were on the job during a car accident caused by someone else, you generally have the option to pursue both claims at the same time. Your workers’ compensation claim would address your work-related injuries right away, while your personal injury claim would seek additional compensation, such as pain and suffering and any damages not covered by workers’ comp, from the responsible driver.
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC, to connect with a car accident attorney who can guide you through the legal process and help you aim for the highest possible compensation.
Frequently Asked Questions
Does Workers’ Compensation Cover Me?
In Illinois, most employees are covered for injuries that occur while performing work-related tasks. This includes incidents like car accidents when traveling for work purposes.
Is There a Fault Requirement for Workers’ Compensation Claims?
You don’t need to prove fault after a workplace injury. Workers’ compensation operates as a no-fault system.
What Damages Can I Recover in a Personal Injury Lawsuit Not Available in Workers’ Compensation?
In a personal injury case, it’s possible to obtain compensation for non-economic damages, such as pain and suffering. Additionally, you may receive reimbursement for possible future losses outside of permanent disability, such as loss of earning capacity.
