Can I File a Workers’ Compensation Claim After a Car Accident in Chicago?

The Chicago area is home to a considerable number of truck drivers, and these individuals face serious risks each time they get behind the wheel. In addition, the city is filled with taxi drivers, rideshare drivers, food delivery workers, and many others who drive for a living. Even if you drive back and forth between construction sites in your trade truck or van, the chances of suffering a traffic injury are relatively high. What can you do after a work-related crash? Is it possible to file a workers’ compensation claim in Chicago?

When Can I File a Workers’ Comp Claim After a Crash? 

If you were participating in work-related duties while driving, you can file a workers’ compensation claim in Chicago. However, it is important to understand that the workers’ comp program only covers “employees.” Even if you think you’re an employee of a specific company, your employer might have classified you as an “independent contractor” instead.

This is an important distinction, especially in the so-called “gig economy” that has arisen in the Chicago area. Generally speaking, major tech companies like Uber, Lyft, GrubHub, and DoorDash hire independent contractors rather than employees. If you are an independent contractor, it may be impossible to file a workers’ comp claim after a traffic injury.

That being said, you may still be able to pursue compensation from different sources. These companies may have insurance policies that can cover some of your lost wages and medical expenses. In addition, you could potentially file a claim against an at-fault driver who caused your accident. To avoid insurance issues, be sure to obtain suitable coverage specifically geared toward professional drivers.

Aside from the complex definition of “employee” in this context, “work-related duties” can also be a somewhat vague concept. A delivery driver might be classified as an employee, but they may lose workers’ comp coverage if they engage in activities unrelated to work. For example, the driver of a furniture truck might decide to visit a fast food restaurant for lunch. If they get into an accident while pulling into the restaurant’s parking lot, they may struggle to file a workers’ comp claim.

Should I File a Car Accident Lawsuit Instead? 

It may be possible to file a car accident lawsuit after a work-related crash. Illinois is an “at-fault” state, which means you can pursue compensation for non-economic damages when you sue a negligent driver. In contrast, workers’ comp does not provide compensation for non-economic damages. As a result, it may be beneficial to pursue both a civil car accident claim and a workers’ comp claim. Speak with your lawyer for further guidance.

Can a Workers’ Compensation Lawyer in Chicago Help After a Crash? 

A workers’ compensation lawyer in Chicago may be able to help if you’re struggling with injuries after a crash. Whether you were “on the clock” or not before the collision, you should have various potential sources of compensation. To learn more about how to pursue this compensation, consider meeting with an experienced workers’ comp lawyer. Connolly Injury Law has experience with both workers’ comp claims and personal injury lawsuits – so schedule a consultation today to learn more about your options.

Sources: 

idoi.illinois.gov/consumers/consumerinsurance/auto/filing-an-auto-claim-with-anothers-insurance-company.html

idot.illinois.gov/content/dam/soi/en/web/idot/documents/transportation-system/resources/safety/crash-reports/crash-facts/2022-crash-facts.pdf