How Do I Handle a Car Accident Claim If I Was Working?

The Reality of Work-Related Car Accidents

Many employees spend a significant portion of their workday behind the wheel. Whether you’re making deliveries, driving between job sites, or commuting for a business meeting, accidents can happen at any time. According to the National Highway Traffic Safety Administration (NHTSA), approximately 30% of all vehicle crashes are work-related, and nearly 40% of all work-related fatalities involve motor vehicle accidents. Additionally, the Illinois Department of Transportation (IDOT) reports that work-related crashes make up a substantial percentage of serious roadway injuries each year.

If you were involved in a car accident while on the job, you may have two potential legal claims: a workers’ compensation claim through your employer and a third-party liability claim if another driver was responsible for the crash. Navigating these claims can be complex, and understanding what steps to take can help protect your rights and maximize your compensation.

What Qualifies as a Work-Related Car Accident?

A work-related car accident is a car accident that occurs while you are performing job duties. Examples of qualifying accidents include:

• Driving a company vehicle or personal vehicle for work-related errands.
• Making deliveries or transporting goods.
• Traveling between job sites.
• Driving to a mandatory business meeting or conference.

However, commuting to and from work generally does not qualify unless the employer provides transportation or the travel is a necessary part of the job.

Workers’ Compensation for a Work-Related Car Accident

If you were injured while driving for work, you may be eligible for workers’ compensation benefits, which can include:

• Medical expenses – Coverage for hospital bills, rehabilitation, and treatments.
• Lost wages – Compensation for a percentage of wages lost due to time off work.
• Disability benefits – Temporary or permanent disability payments if the injury affects your ability to work.
• Vocational rehabilitation – Assistance with training if you can no longer perform your previous job.

Illinois law does not require you to prove fault to receive workers’ compensation benefits. However, you cannot sue your employer for additional damages beyond these benefits.

Third-Party Liability Claims

If another driver was responsible for the accident, you may also pursue a third-party personal injury claim against the at-fault driver. Unlike a workers’ compensation claim, a personal injury claim allows you to seek damages for:

• Full lost wages (not just the portion covered by workers’ comp).
• Pain and suffering, including emotional distress.
• Property damage, including vehicle repairs or replacement.
• Future medical expenses not covered by workers’ compensation.

Successfully navigating both claims requires careful coordination. A top-rated Naperville car accident attorney can help ensure you maximize your recovery from both sources.

Steps to Take After a Work-Related Car Accident

1. Call the Police and File a Report
   • Call 911 and file a police report, which will document details of the crash.
   • Having an official report is critical for both workers’ comp and third-party claims.
2. Document the Scene and Gather Evidence
   • Take photos of the vehicles, accident location, and any visible injuries.
   • Collect witness statements and contact information.
3. Seek Medical Attention Immediately
   • Your health is the top priority. Even if injuries seem minor, get checked by a doctor.
   • Be sure to document all medical visits and follow treatment recommendations.
4. Report the Accident to Your Employer
   • Notify your supervisor or HR department as soon as possible.
   • Failing to report the accident promptly could jeopardize your workers’ compensation claim.
5. Avoid Speaking to Insurance Companies Without Legal Representation
   • The at-fault driver’s insurance may try to minimize your compensation.
   • Consult an experienced injury attorney before providing recorded statements.
6. File a Workers’ Compensation Claim
   • Your employer should provide claim forms for workers’ compensation benefits.
   • Ensure all paperwork is completed accurately and filed on time.
7. Consult an Illinois Car Accident Lawyer
   • Handling both a workers’ comp and personal injury claim is complex.
   • A lawyer will help maximize your compensation and prevent costly mistakes.

Work-Related vs. Personal Time Car Accidents: How Often Do They Happen?

The following chart illustrates how many accidents occur while working compared to during personal time based on IDOT and NHTSA data:

Studies show that nearly one-third of all motor vehicle accidents involve people driving for work-related purposes. Given the significant risks, understanding your legal rights is crucial if you’re involved in a work-related car accident.

Frequently Asked Questions About Work-Related Car Accidents

1. Can I receive both workers’ compensation and a third-party settlement?

• Yes, you may be eligible for both, but workers’ comp may seek reimbursement from your third-party settlement.

2. What if my employer disputes that the accident was work-related?

• You may need to provide documentation, such as work logs, emails, or witness statements, to prove the accident was job-related.

3. How long do I have to file a workers’ compensation claim?

• In Illinois, you have 45 days to notify your employer and three years to file a claim with the Illinois Workers’ Compensation Commission.

4. What if I was partially at fault for the accident?

• Workers’ compensation is no-fault, meaning you can still receive benefits. However, fault may impact a third-party claim.

5. Can I sue my employer for additional damages?

• No, Illinois law prevents employees from suing their employers for work-related injuries beyond workers’ compensation benefits.

6. Does workers’ compensation cover all my lost wages?

• No, workers’ comp typically covers two-thirds of your average weekly wage, but third-party claims may help recover the rest.

7. How can an attorney help with my claim?

• An attorney ensures you get full compensation by handling both workers’ comp and third-party claims while avoiding potential pitfalls.

Why Hiring an Illinois Car Crash Attorney Matters in Work-Related Car Accidents

Handling a work-related car accident claim involves dealing with multiple insurance providers, workers’ compensation laws, and liability claims. Having an experienced attorney ensures you:

• Receive full compensation for medical bills, lost wages, and pain and suffering.
• Avoid claim denials by ensuring proper documentation and legal compliance.
• Coordinate workers’ comp and third-party claims for maximum recovery.
• Negotiate fair settlements and prevent insurance companies from taking advantage of you.

At John J. Malm & Associates, our team has over 90 years of combined experience helping injured workers navigate complex accident claims. Our award-winning Illinois injury attorneys are dedicated to protecting your rights and securing the compensation you deserve.

Contact John J. Malm & Associates for a Free Consultation

If you’ve been injured in a car accident while working, don’t wait to get legal help. The Illinois car accident attorneys at John J. Malm & Associates will guide you through the workers’ compensation and third-party claims process, ensuring you recover the full amount you deserve.

Contact us today for a free consultation. With offices in Naperville and St. Charles, we are ready to fight for you.