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b2ap3_thumbnail_rear-end-crash_20210606-173800_1.jpgFor many employees, driving is an important part of their work responsibilities. Commercial truck drivers, delivery drivers, employees who travel between work sites, and even employees who occasionally run errands for their employer during the workday will often find themselves on the road, and this comes with exposure to the risk of serious injury in a motor vehicle accident. If you are injured while driving for work, it is important to understand your options for recovering compensation.

Workers’ Compensation Through Your Employer

In many cases, a person who is injured in an accident while driving for work is entitled to Illinois workers’ compensation benefits through their employer. Workers’ compensation claims do not require a demonstration of fault or negligence on the part of your employer, but in order to be eligible for benefits, the following must be true:

  • You must be classified as an employee, rather than as an independent contractor.
  • The injury must have occurred during the course of your work. Usually, this excludes accidents that occur during the commute to and from work.
  • The injury must not have been the result of your intoxication or a serious criminal violation on your part.

If you are approved for workers’ compensation, the benefits will cover all medical expenses related to your injuries. Depending on the severity of your injuries, you could also qualify for temporary or permanent disability benefits to compensate for a portion of your lost wages.

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IL injury lawyerWhile some professions are inherently more dangerous than others, the risk of injury at work exists for all employees. Some injuries are caused by a single traumatic event such as falling or being crushed by equipment. Others, such as repetitive motion injuries, occur slowly over time. If you were hurt at work, you may be left wondering how you will pay for medical expenses and other losses resulting from your injury. Workers’ compensation and/or a third-party claim may allow you to recover compensation.

Workers’ Compensation for Injured Employees in Illinois

In Illinois, employers with one or more employees must carry workers’ compensation insurance. This insurance reimburses an injured worker for the financial losses he or she suffers because of a work accident. Typically, two-thirds of an injured worker’s wages are recoverable through a workers’ compensation claim. Medical bills including emergency medical treatment, doctor’s appointments, surgery, and rehabilitative care are also covered under workers’ compensation. Although Illinois law mandates workers’ compensation insurance for exactly this purpose, injured workers can sometimes face obstacles getting the compensation they need. The insurer may offer much less than the worker actually needs to cover his or her expenses, miscalculate the worker’s income, or deny the claim altogether. A workers’ compensation lawyer can be a valuable source of advocacy in situations like these.

A Third-Party Claim May Secure Further Compensation

Workers’ compensation laws prevent employees from suing their employers. However, injured workers may still have the chance to file a personal injury lawsuit and collect damages. If the actions of another party such as a property owner, general contractor, or negligent driver caused the injury, the worker may bring a personal injury claim against that party. The worker may be able to secure compensation above and beyond workers’ compensation including his or her full lost wages. Unlike a workers’ compensation claim, a personal injury claim may also allow for the recovery of non-economic damages like physical pain, emotional and mental suffering, and disfigurement.

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Posted on in Car Accidents

Illinois injury attorney, Illinois car accident lawyer, Illinois personal injury lawyer,There is no getting around the headache that accompanies the insurance claim process following an auto accident. The moment you are in a collision, you are faced with a number of challenges, especially if any kind of injury was incurred due to the crash. Add potential passenger injury to the list of concerns, and you have your work cut out for you. If your passenger experienced injury alongside you, the situation instantly turns messier, further complicating the insurance claim process.

Choosing a First-Party or a Third-Party Claim

As tricky as the claim process can be after an accident, it is crucial to follow through with the help of proper legal assistance to ensure your rights are protected in the aftermath. In the state of Illinois, the law requires drivers to carry bodily injury and property damage liability insurance. This coverage is intended to help pay for any damages they cause in an accident. A first-party claim means you are filing with your own insurance company (assuming you have the proper coverage), while a third-party claim means you are filing with the other driver’s insurance company. You have the option to choose the type of claim you will pursue, but be aware that insurance laws can differ, depending on the circumstances surrounding the accident.

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