Can You File a Lawsuit after a Car Accident on the Job?

Many people operate vehicles as part of their job duties. Some people are delivery drivers or need to operate construction vehicles in road work zones. Others might travel back and forth between job sites during the day or run specific errands for their supervisors. Whatever your reasons for driving on the job might be, there is always the possibility you could be injured in a traffic crash.

The process of obtaining compensation for your injuries might be more complicated after a car accident on the job. You should consult with an injury lawyer who handles both workers’ compensation and car accident claims on a regular basis. The right lawyer can explore all of your options for financial recovery – including both workers’ compensation claims and possible third-party lawsuits.

Workers’ Compensation and Lawsuits

When you suffer work-related injuries in Illinois, your main source of financial recovery is often workers’ compensation. You should be entitled to workers compensation benefits whether or not:

• You were on the work premises at the time of the accident, as long as you were engaging in work-related driving
• You were at fault for the crash, as workers’ compensation is a no-fault system

Generally speaking, workers’ compensation rights are in exchange for giving up your rights to file a lawsuit against your employer. However, this does not mean you lose your right to file a lawsuit against a third party who is not associated with your employer. If a third party was to blame for your accident, you might be able to seek compensation from that party in addition to your workers’ compensation benefits. 

Third-Party Liability for Car Accidents

In many situations, another driver or company might be responsible for causing a car crash while you are working. There are many different forms of negligence that might lead to a third-party claim, such as:

• Distracted or drunk driving
• Violating traffic laws
• Defective vehicles
• Road hazards

If another driver caused your accident, you can hold them liable for your losses. If the other driver was also working at the time, their employer might also be strictly liable for your losses due to the employee’s negligence. If the accident happened due to defective vehicles, the company that manufactured the defective parts can be liable. 

You can file a claim with a negligent party’s insurer at the same time that you have a workers’ compensation claim pending. This is important because a private insurance claim or lawsuit can provide compensation for more losses than workers’ compensation. Workers’ compensation benefits do not cover pain and suffering or other intangible damages, while a private third-party lawsuit can. 

Speak with an Illinois Car Accident and Workers’ Compensation Attorney

Knowing what to do after a work injury can be confusing enough without having to deal with third-party claims. At the Law Offices of Thomas A. Morrissey, we will identify all possible avenues for compensation, and we can help with both your workers’ compensation claim and any private insurance claims or lawsuits. Contact us for a free consultation today.