What Should Injured Truckers in Illinois Do After Traffic Collisions?

Each year, there are over 10,000 semi-truck accidents in Illinois. According to the Illinois Department of Transport, these semi-truck crashes account for almost 4% of all traffic accidents in the state. Thousands of injuries also occur each year due to semi-truck crashes in Illinois, and truckers often face life-altering medical issues in the aftermath. What should you do if you were injured while driving a semi-truck? Does Illinois workers’ comp cover truckers?

The First Step Is to Seek Medical Treatment 

The first step is always the same, regardless of whether you file a workers’ comp claim or not. Always seek medical treatment after a semi-truck crash, even if you assume your injuries are minor. Only a medical professional can determine the severity of your injuries, and these injuries may be much more severe than you realize. Effective, prompt treatment also ensures the creation of medical records – and these records may become crucial evidence during a later claim.

 Consider Who Might Have Been at Fault 

Next, consider who might have been at fault for your semi-truck accident. While it is true that workers’ comp is effectively a “no-fault” system, you might be able to pursue higher compensation through a direct personal injury lawsuit. For example, your crash might have been caused by a reckless, negligent driver. Perhaps you were rear-ended by another semi-truck.

If you can establish fault, you may be able to sue the driver or the trucking company and recover additional compensation for non-economic damages (emotional distress, disfigurement, depression, and so on). A workers’ comp claim does not cover non-economic damages. You should also consider whether the at-fault party even has valid car insurance, since a claim may be relatively useless in this case.

 Consider Your Employment Status

 If there is no at-fault party or you caused your own accident, workers’ compensation may be the most appropriate option. However, you are only eligible to pursue a workers’ comp claim if you are classified as an “employee.” Many truckers are independent contractors, and some are self-employed. If you’re not sure about your employment status, you might want to speak with an experienced workers’ compensation lawyer.

Note that many trucking companies intentionally misclassify their truckers as independent contractors when they should in fact be employees. This is a violation of employment law in Illinois, and it may allow you to pursue a workers’ comp claim even if you were officially designated as an independent contractor.

Can an Illinois Workers’ Compensation Lawyer Help Injured Truckers? 

A Chicago workers’ compensation lawyer may be able to help injured truckers access healthcare and cover their lost income. In many cases, workers’ comp is the only available source of financial stability for injured truckers. File a claim alongside Connolly Injury Law and approach your recovery with confidence. Schedule a consultation today to get started.

Sources:

 idot.illinois.gov/content/dam/soi/en/web/idot/documents/transportation-system/resources/safety/crash-reports/crash-facts/2021-crash-facts.pdf

illinois.gov/agencies/agency.iwcc.html