AsIllinois car accident attorneys, we frequently help employees who have been injured in collisions while driving a company vehicle. These situations often raise complex legal questions – Who pays for the medical bills? Is the employee covered by workers’ compensation or the employer’s auto insurance policy? Can an injured worker also file a personal injury claim against another driver? When an accident occurs during work-related duties, the answer depends on the facts of the case and how Illinois law defines the scope of employment. Understanding your rights and the potential claims available is critical to protecting your recovery after a company car accident.
Under Illinois law, an accident is considered work-related if it happens while you are performing duties within the course and scope of employment. This includes traveling between job sites, delivering goods, attending work meetings, or performing any task authorized by your employer. According to 820 ILCS 305/1(d) under the Illinois Workers’ Compensation Act, injuries “arising out of and in the course of employment” qualify for workers’ compensation benefits.
However, not every crash in a company vehicle is considered job-related. For example, commuting to and from work is generally excluded under the “coming and going” rule, unless your employer pays for travel time or provides a vehicle specifically for commuting. Likewise, running personal errands in a company car may fall outside the scope of employment, meaning workers’ compensation may not apply.
When we investigate these cases, we look closely at the purpose of the trip, who was in control of the vehicle, and whether the employee was acting in the employer’s best interests at the time of the accident.
If you were driving a company vehicle for work purposes, you are usually entitled to workers’ compensation benefits under 820 ILCS 305/7. These benefits cover:
The benefit of a workers’ compensation claim is that you do not need to prove fault. Even if you caused the accident, you can still receive benefits as long as the crash occurred during the course of your employment.
However, workers’ compensation does not cover pain and suffering or other non-economic damages. To recover those, you may need to pursue a third-party claim against an at-fault driver or another responsible party.
If another driver caused the collision, you may have a third-party personal injury claim in addition to your workers’ compensation case. Illinois law allows employees to sue negligent third parties who are not their employers under 735 ILCS 5/2-1116.
For instance, if you were driving a company truck and were rear-ended by a distracted driver, you can recover workers’ compensation for medical bills and lost income, but you can also pursue a personal injury lawsuit for pain and suffering, loss of normal life, and other damages not covered by workers’ compensation.
In these cases, we coordinate both claims carefully to ensure that the insurance carriers handle payments correctly and that you do not lose benefits due to overlapping coverage. Under 820 ILCS 305/5(b), your employer’s workers’ compensation insurer may seek reimbursement from the third-party settlement, so having an experienced attorney is crucial to maximizing your recovery.
Illinois follows a modified comparative negligence system under 735 ILCS 5/2-1116, which means that if you are partially at fault for the accident, you can still recover damages as long as you are less than 50% responsible. However, your recovery will be reduced by the percentage of fault you bear.
For example, if a court finds you 20% at fault for speeding while another driver was primarily responsible for causing the crash, you could still recover 80% of your total damages. Understanding this rule is important for employees driving company vehicles because both the employer’s insurance and the other driver’s insurer may try to shift blame.
Employers are generally liable for accidents caused by their employees while acting within the scope of employment under the legal doctrine of respondeat superior. This means the employer’s commercial auto insurance policy usually covers damages to third parties.
If you were injured while driving for work and another person was hurt, both your employer’s insurance and possibly your own coverage could come into play. Under 625 ILCS 5/7-601, Illinois law requires all vehicles operated in the state to carry liability insurance. Company vehicles often carry higher commercial policy limits, but disputes can arise regarding who is responsible for the deductible, repairs, or replacement of the vehicle.
Our job as attorneys is to make sure all potential insurance sources are identified and that you receive full compensation under every applicable policy.
Not every worker driving a company vehicle is classified as an employee. Independent contractors may not be eligible for workers’ compensation benefits. However, if the company controls your schedule, provides the vehicle, and directs your work, you may be misclassified. Under 820 ILCS 305/1(b)(2), true independent contractors are not covered, but Illinois courts often look beyond titles and contracts to the actual nature of the relationship.
If misclassification is an issue, we help gather evidence—such as pay records, work logs, and company policies—to establish your right to workers’ compensation benefits.
If you are involved in a company car accident, it is critical to:
Delays or incomplete reports can harm your claim, so accurate documentation is essential.
Yes. Illinois workers’ compensation is a no-fault system. Even if you caused the crash, you can still receive benefits as long as you were acting within the scope of your employment. Exceptions may apply if you were under the influence of drugs or alcohol or if you intentionally caused the accident.
In most cases, no. Workers’ compensation is your exclusive remedy against your employer for workplace injuries under 820 ILCS 305/5(a). However, you may still file a separate lawsuit against a negligent third party, such as another driver or a manufacturer of defective equipment.
If you were using the vehicle for personal reasons, you may not qualify for workers’ compensation. However, you could still file a claim under the company’s auto insurance or your own policy. Determining whether the trip was work-related depends on the facts, such as employer permission, purpose of travel, and company policies.
While not required, having an attorney ensures that all benefits are calculated correctly and that you are not pressured into accepting less than you deserve. Insurance companies often minimize payments or deny claims based on technicalities. Legal representation helps protect your rights and ensures coordination between workers’ compensation and any third-party claims.
If the at-fault driver is uninsured, your employer’s uninsured motorist coverage may apply under 215 ILCS 5/143a. This coverage pays for damages that would have been recoverable from the other driver’s insurance. If that coverage is unavailable, workers’ compensation may still cover your medical bills and lost wages.
No. Retaliation for filing a workers’ compensation claim is prohibited under Illinois law. If your employer terminates or discriminates against you for asserting your rights, you may have a separate claim for retaliatory discharge.
If you were injured in a company vehicle accident, you deserve clear answers and strong legal representation. At The Law Offices of Robert T. Edens, P.C., we help workers recover the compensation they need after serious car and truck crashes on the job. Our firm has offices in Antioch (392 Lake St., Antioch, IL 60002), Waukegan (325 Washington St., Waukegan, IL 60085), and Woodstock (1212 North Seminary Unit 1, Woodstock, IL 60098).
Contact our Antioch car accident attorney at The Law Offices of Robert T. Edens, P.C. today at 847-395-2200 to schedule your free consultation. We proudly represent clients in Antioch and throughout the state of Illinois who have been injured while driving for work.
The Law Offices of Robert T. Edens, Personal Injury and Workers' Compensation Law Office, have offices in Antioch, Waukegan, Grayslake, Woodstock and Barrington. We represent clients throughout the communities of Antioch, Waukegan, Grayslake, Barrington, Woodstock, Buffalo Grove, Deer Park, Gurnee, Lake Zurich, Round Lake, McHenry, Cary, Crystal Lake, Libertyville, Lincolnshire, Mundelein, Vernon Hills, Wheeling, North Chicago, Zion, Inverness, Palatine, Wauconda, Island Lake, Fox Lake, Barrington Hills, Spring Grove, Lake Bluff, Lakemoor, Long Grove, Lake Villa, Kildeer, Wadsworth, Indian Creek, Fox River Grove, Lindenhurst and other cities within Lake and McHenry Counties Illinois.
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