What Are Your Rights In A Vehicle Accident On The Job?

If you were driving or riding in a motor vehicle in a work-related capacity, you may have dual claims in the event of an injury accident: (a) workers' compensation and (b) claims under the other driver's auto insurance or your own policy.

The Chicago lawyers of Seidman Margulis & Fairman, LLP, can advise you of your rights and pursue all sources of compensation for your accident. Our 30 years of experience in personal injury and work injury law helps us maximize your claims, as demonstrated by our long record of verdicts and settlements.

Work-Related Car And Truck Accidents

We represent over-the-road truckers, delivery drivers, utility workers, sales personnel and others who drive for a living or regularly drive as part of their jobs. Even if you were performing a work-related errand outside of your normal shift, you may be entitled to workers' compensation benefits. You may also have claims against another motorist who was at fault for the accident.

These cases are fact-specific and you should not rely on your employer or their workers' comp insurer for questions of liability or eligibility. It is best to consult a knowledgeable attorney who will have your best interests at heart.

  • What if I was driving to work?
    Generally speaking, employees are not "on duty" while commuting to or from work. However, traveling from one job site to the next should be covered by workers' comp.
  • What about an accident at my workplace?
    Accidents in the company parking lot or on company grounds are typically covered as job-related, even if you were not officially clocked in for work.
  • What if I stopped for lunch?
    Employees typically are not considered on duty during meal breaks. But there are many circumstances in which you may be covered, particularly if you are in a company vehicle or conducting company business over lunch.
  • What if I was driving my own car?
    It doesn't matter if you were in a company vehicle or your personal vehicle. The question is whether your accident occurred in a work-related capacity.
  • What if I was a passenger?
    If your supervisor or co-worker was driving, you may not be able to sue them or the company for negligence, but you would still be covered by workers' compensation and any third-party claims.

Third-Party Lawsuits And First-Party Claims

You can't sue your employer for a vehicle accident on the job, but you can sue the other driver or a third party who caused or contributed to the accident. Many car accidents involve uninsured or underinsured drivers, in which case you may be able to recover damages under your own auto policy.

In addition to traffic accidents, we handle work-related accidents involving forklifts, heavy equipment and loading docks.

Seidman Margulis & Fairman, LLP, offers free consultations, including evenings and weekends by appointment. If your injuries prevent travel, we can come to your hospital or home in the Greater Chicago area. Call 312-781-1977 or contact us online.