Injured while driving for work.

Workers compensation for those injured while driving for work.

In Illinois, employees injured while driving for work are generally able to obtain workers compensation benefits to pay for their medical expenses and provide temporary disability benefits if the employee is forced to miss any work. This is true regardless of who is at fault for the accident, because Illinois is a no-fault workers compensation state. This means that even if an employee causes an 8 car pile up due to their negligence and suffers injuries, workers compensation should apply (as a side note, employees found to be at-fault for causing an auto accident will often be protected by their employer’s liability insurance if a lawsuit is filed against them).  

However, it is important to note a couple of limitations on the general rule that an employee injured while driving for work is generally entitled to obtain workers compensation benefits. First, employees injured while driving on a lunch or other break may not be covered by workers compensation. Second, injuries that occur driving to and from work are generally not compensable through workers compensation unless the employee is driving a company vehicle. Third, employees that deviate from their work route for purely personal reasons may not be covered by workers compensation even if they were on the clock. But even though those limitations exist, there are often arguments that can be made to ensure that the injured employee is covered by workers compensation. So even if your workers compensation claim is initially denied, do not hesitate to contact a workers compensation lawyer.

In addition to workers compensation, if the employee is not at-fault for the accident, the injured employee may often make a third-party claim against the at-fault driver. For example, construction workers often have to travel between job sites during their day. If a construction worker is hit by a driver and seriously injured while driving on the interstate between job sites, the injured construction worker will likely be able to obtain workers compensation benefits. In addition, the injured construction worker may bring a claim against the at-fault party, which is known as a third-party claim. 

Zach Anderson
Zach Anderson

I am a lawyer and partner at BRE Law. My practice is focused on representing individuals throughout Central Illinois who suffer physical, mental, and financial injuries.

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