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Archive for the ‘Traveling Employee Injury’ Category

Liability in an Auto Accident while Driving for Work in Illinois

May 14th, 2020 at 8:52 pm

IL accident lawyer, Illinois workers comp lawyerIn Illinois, thousands of employees experience on-the-job related injuries every year. If you were driving a company vehicle for work-related duties and were involved in an auto accident, your employer may be liable for your injuries and the vehicle’s damage.

 What to Do After an Auto Accident

The steps you take following an auto accident can make or break your case. In order to maximize your workers’ compensation benefits you may be able to receive, be sure to do the following after the accident:

  1.   Call 911. Once the police have been notified of the accident, an officer will come to the scene and gather information to write a police report. The officer will talk to everyone that was involved in the accident and make an initial determination of fault. Although the police report may not include everything that happened, it is a good baseline and can be very helpful in the investigation.
  2.   Take care of any injuries. A minor crash may not leave you with life-threatening injuries, but a serious crash could leave you in pain. Avoid moving or trying to tend to your injuries until the paramedics arrive.
  3.   Exchange insurance information with those involved. It is extremely important to get the name, insurance company name, and license plate number of the other driver that was involved.
  4.   Acquire witnesses’ information (if applicable). If anyone witnessed the accident, be sure to get their names, phone number and/or email address so you can re-contact them at a later date to discuss the accident.
  5.   Document evidence. Take pictures of your car, the other car involved, the accident scene, and any other evidence you deem important. If you are injured and unable to move, ask a good Samaritan to do it for you.

After you have left the scene of the accident, it is extremely important to report the accident and any injuries you have sustained to your employer. If you wait too long, you may lose out on the ability to receive workers’ compensation payments.

Workers’ compensation is considered “no-fault.” This means it does not matter if you were at fault for the crash. You qualify for benefits if you were injured while on the job.

Contact an Illinois Workers’ Compensation Attorney Today

At the Law Offices of Francis J. Discipio, we represent those injured in an accident while on the job. If you have suffered an auto accident while driving for work, contact a Cook County workers’ compensation attorney immediately. Our attorneys are available to chat with clients Monday through Friday from 9 am to 5 pm via email, phone, and video conference. Call our office at 630-574-2288 to schedule your free consultation.

 

Source:

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

Out of State Work Injuries

January 29th, 2016 at 12:15 pm

out of state, Illinois workers' compensation attorneyIn many areas of the law, one of the most important factors is where an event in question took place. But, under the Illinois workers’ compensation system, where a work injury takes place is not nearly as important your relationship to your employer. You may still be covered by Illinois worker’s compensation law even while you are out of the state.

Traveling Outside of Illinois for Work

All Illinois employers are required to have workers’ compensation insurance for their employees. If you are hurt while performing the duties of your job, it often does not matter who is at fault for the accident; your injuries should be covered by workers’ compensation insurance. However, what if your job requires you to travel outside of the state?

If you are outside of Illinois and injured while performing your job duties, you are still covered by your employer’s workers’ compensation policy. The difficulty, though, can sometimes lie in determining if you were on the job or not.

A delivery driver who is in a car accident while delivering something just across the border in Missouri is a fairly obvious example of being injured while on the job. More complicated, however, would be a scenario involving an IT worker who is sent to Ohio for a conference by her employer and is injured at the hotel where she is staying. How such case would be handled would depend on many factors. This kind of situation is much less clear-cut, and requires a careful review from an experienced worker’s compensation lawyer.

Hired in Illinois Then Transferred Out of State

Another example of when an out-of-state incident might be covered by Illinois workers’ compensation laws was raised in the case called Mahoney v. Industrial Commission. In this case a former United employee had worked in Illinois for years before being transferred at his request to Florida with no break in employment. In Florida, the claimant was injured on the job and the court ruled that he was covered by the Illinois workers’ compensation system.

These kinds of cases are very fact-specific. Other cases that seem similar to Mahoney have found that the employee was not covered because of some break in the chain of employment.

If you have been hurt while working for your employer, just because the accident happened out of state, does not mean you are out of luck. When have been injured while performing your job, you need to speak with a seasoned and dedicated DuPage County workers’ compensation lawyer right away to protect your rights. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Sources:

http://www.illinoiscourts.gov/opinions/supremecourt/2006/january/opinions/html/100239.htm

http://www.iwcc.il.gov/act.pdf

Illinois Bill Would Limit Employer Liability for Travelling Employee Injuries

August 27th, 2014 at 10:34 am

employer liabilityA bill currently pending in the Illinois legislature would put limitations on an employer’s liability for injuries an employee receives while traveling on the way to work.

Senate Bill 2622, introduced by State Sen. Kyle McCarter (R, Lebanon), would not require employers to provide workers compensation benefits for an employee who becomes injured if the employee was not traveling for work purposes when the injury occurs.

The bill is aimed for employees who are required to travel in connection with their job. It says compensation for an injury that occurs while traveling will only be provided “if the injury arises out of and in the course of employment while he or she is actively engaged in the duties of employment.”

If it passes, the proposed law would cover incidents such as a recent workers’ compensation case that was appealed to the Illinois Supreme Court. The court ruled that just because a worker accepts a job that is a distance away from his or her home that does not mean the employee automatically becomes a “travelling employee”, nor is the employer is automatically liable for any injuries the employee may incur while traveling to and from work. The new bill was introduced a month before the court’s ruling.

Bill 2622 is part of a package of workers’ compensation bills, including Bill 2623, which addresses new injuries to previously paid body parts; Bill 2625, which addresses temporary disability payments for employees who have been terminated for just cause; and Bill 2626, which addresses wage calculations for employees who work less than 52 weeks per year.

If you or a loved one has suffered a workplace injury, you need an experienced Illinois workers’ compensation attorney to represent you and make sure you receive the compensation you are entitled to under the law.

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