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Does Workers’ Compensation Apply If Another Driver Caused the Crash?

A car accident can be overwhelming and filled with uncertainty—especially when it happens while you’re on the job. If you've been injured in a car accident while working, you may be covered by workers’ compensation—even if another driver caused the crash. 

 

When Does Workers’ Compensation Apply? 

Workers’ compensation may apply to employees who are required by their employer to travel as part of their job, such as delivery drivers, truck drivers, technicians or union trade workers traveling between job sites. Workers’ compensation is a no-fault system, meaning it typically pays for medical expenses and a portion of lost wages regardless of who was at fault, as long as the accident occurred within the course and scope of your job.

Employers are legally required to ensure vehicles are properly maintained and that workers are adequately trained. When an accident happens during work-related driving—whether in a company vehicle or your own—workers’ compensation benefits generally apply.

 

Can I File a Third-Party Claim?

If a negligent third party—such as another driver—caused or contributed to the crash, you may be able to pursue a third-party lawsuit in addition to your workers’ compensation claim. These claims can move forward simultaneously and may allow you to recover damages not covered by workers’ compensation, such as pain and suffering.

 

Protecting Your Right to Compensation

Whenever a work-related accident occurs, the details matter. Identifying whether a third party played a role can significantly impact your recovery. An experienced Illinois workers’ compensation attorney can help gather evidence, determine liability and ensure you pursue every available source of compensation.

The team at Black & Jones has extensive experience representing traveling employees throughout northern Illinois who have been injured while traveling to or from work. As a trusted resource in the Rockford area, Black & Jones can help secure the workers’ compensation benefits you deserve. Fill out this form to get started or call us today at (815) 967-9000.