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Archive for the ‘Motor Vehicle Accident’ Category

Know Your Options for Compensation After a Work-Related Car Accident

December 16th, 2020 at 4:59 pm

IL job injury attorney, Illinois works comp lawyer, On an average day in the United States, there are thousands of traffic accidents that cause thousands of people to suffer injuries. When you have been injured in a crash caused by someone else’s negligence, you are entitled to seek compensation from the at-fault driver for the injuries you have sustained. But, what if your accident occurred while you were “on the clock” or driving a company-owned vehicle? A work-related car accident is often more complex than “regular” crashes, but if you were in a company vehicle or on the job, you could have more avenues for securing compensation that you might have had otherwise.

Workers’ Compensation and Third-Party Claims

The Illinois workers’ compensation system provides benefits to employees who are injured at work. In the vast majority of situations, an injured employee qualifies for workers’ compensation no matter how his or her injuries occurred or who was to blame for the accident. The workers’ compensation laws in Illinois also prohibit an injured worker from filing a personal injury lawsuit against his or her employer, with very rare and specific exceptions. Generally, workers’ comp benefits offer coverage for the injured employee’s medical expenses, missed work, disability, and retraining in the event the employee cannot return to his or her previous job.

It is important to understand that the restriction on personal injury lawsuits only applies to those filed by injured employees against their employers. If an outside third party—meaning someone who is not the employer or the employee—is at fault for the employee’s injuries, the injured party has the right to file a personal injury claim against the responsible party. This type of action is known as a “third-party lawsuit” or “third-party injury claim,” and it may be necessary following an on-the-job car accident.

How the Pieces Can Work Together

When you are involved in a car crash while you are working, you may be eligible for workers’ compensation benefits, regardless of who was at fault for the crash. Keep in mind that your reasons for being in the car matter. For example, if you are running out to get lunch, and you are in an accident, your workers’ comp claim could be denied because you were not acting in your employer’s interests. However, if your employer asked you to stop at the bank and make a deposit for the company on your way to lunch, you are more likely to be eligible for workers’ compensation.

You should also remember that a third-party lawsuit is only appropriate if someone else was at fault for the crash. It is possible, however, that you might be eligible for workers’ comp benefits and able to file a third-party lawsuit, depending on the circumstances. If, for example, you were dispatched in a company vehicle to perform a task for your employer, and you were hit by a drunk driver, you would probably qualify for workers’ compensation, and you could sue the drunk driver for your losses.

The primary advantage of filing a third-party claim is that the damages available in such a claim typically go beyond what is available under workers’ compensation. Through a third-party personal injury claim, you could collect compensation for your medical care and missed work, just as under work comp, but you could also be eligible for non-economic damages such as emotional distress, pain and suffering, and much more.

Work With an Illinois Workers’ Compensation Lawyer

If you suffered injuries in a car accident on the job, it is important to work closely with an experienced Illinois workers’ comp attorney who can help you decide on the best way to get the compensation you need. At the Law Offices of Francis J. Discipio, we can assist you with your workers’ compensation claim as well as a third-party personal injury lawsuit, if appropriate. Call 630-574-2288 for a free consultation today.

 

Source:

https://www2.illinois.gov/sites/iwcc/resources/Pages/faq.aspx

Workers’ Comp vs. Personal Injury Claims After an On-the-Job Car Crash

September 16th, 2020 at 10:06 am

crashMany employees, including truck drivers and other delivery drivers, are required to operate a vehicle as a major component of their work. With so much time spent on the road, these employees can be at a greater risk of injury in a car accident. If you have been injured in an accident on the job, you may be unsure of your options for pursuing compensation. The good news is that compensation may be available through both workers’ compensation and a personal injury claim, and your attorney can advise you as to when each is possible.

Obtaining Recovery Through Workers’ Compensation

In Illinois, most employers are required to have a workers’ compensation policy that covers expenses for employees who are injured in the course of their work, regardless of who is at fault. For professional vehicle operators, this means that even if you have been injured in a single-vehicle accident or an accident you caused while driving for work, you may still be entitled to workers’ compensation benefits from your employer. Workers’ compensation can also cover damages from an accident caused by a third-party driver, or work injuries unrelated to driving, such as repetitive stress injuries from the loading of heavy cargo.

Pursuing Additional Compensation Through a Personal Injury Claim

For any injury sustained on the job, workers’ compensation can cover most damages including medical bills, two-thirds of lost wages, disability, and scarring and disfigurement. However, if your accident was the fault of another driver or a third party and you have suffered severe injuries, you may wish to pursue further compensation through a personal injury lawsuit. Holding the other party accountable can result in a settlement or court ruling awarding you compensation for additional lost income, as well as pain and suffering damages from physical and mental distress, loss of companionship, and loss of enjoyment of life.

Regardless of who is at fault for your work-related vehicle accident, you should consider hiring an attorney as soon as possible who can help you document your injuries, treatment, and expenses in order to file a claim for the most possible compensation. If you plan to file a personal injury lawsuit, your attorney can also help you gather evidence to demonstrate the other party’s negligence and liability.

Contact a Cook County Workers’ Compensation Attorney

At the Law Offices of Francis J. Discipio, our attorneys have experience with both workers’ compensation and personal injury claims, and we understand the processes and strategies that can lead to fair compensation for our clients as efficiently as possible. We can help you identify all parties from which you can seek compensation to assist with your recovery. Contact a Chicago worker’s compensation lawyer today to schedule a free consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2430&ChapterID=68

Tragic Forklift Accident Leaves One Man Dead

December 29th, 2012 at 8:00 am

Forklifts are prevalent in construction jobs and in warehouse jobs.  The Occupational Safety and Health Administration estimate that out of the 855,000 forklifts in the United States over ten percent will be in some sort of accident.  Nearly 35,000 of those are reported to be serious injuries and more than 850,000 are not serious.  While close to 90 deaths result from forklift accidents; unfortunately, for a man from Kankakee, he falls into the latter number.

21 year old Jacob Dluzak was found stuck between the bars of a boom forklift.  He was discovered by a co-worker at the St. Anne Farmers Consignment Auction in Northeast Illinois.  Dluzak was transported to the Riverside Center where he was pronounced dead on December 27th.

Local authorities are unaware of the cause of the accident as the death is still being investigated.  There are a few contributing factors that can lead to a forklift related death or injury.  A lack of training or improper training is the major influence on work-related accidents. If the warehouse or manufacturing department is working too quickly to meet a deadline, it can also lead to more accidents.  The lack of maintenance and procurement of forklifts can also be an organizational factor that leads to increases in injury.

While employees are at work, there is a tacit agreement between the employee and employer that the employer will be in a safe environment.  Though, workplace accidents should be avoided at all costs by business, sometimes they are unavoidable.  If you or a loved one have been injured by a forklift, then a workers compensation suit can help alleviate the stress of big hospital bills.  Contact a thorough workers compensation attorney in Cook County today.

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