Work-Related Car Accident; But it is Another Driver's Fault
A client who had been in a car accident during work hours wanted to know which way to go to recover money to compensate him for his injuries. The other driver caused the accident, so he likely had a claim against him. So should he file a workers’ compensation claim or file a lawsuit against the other driver?
Actually, Illinois law does not force you to choose between the two. The Illinois Workers’ Compensation laws have provided a system for injured workers to be able to pursue both claims, while ensuring that the money received is distributed appropriately.
Here is how it works:
If you are in an accident during work hours, you first want to determine whether you were covered by workers’ compensation at the time. Were you driving for work-related purposes, or were you driving for your own personal reasons? If this was a work-related trip, and you are covered by workers’ compensation insurance then you should be reimbursed for your medical expenses and missed work time.
But if the accident itself was another driver’s fault, then you may also have a claim against him or her. The other driver could also be responsible for paying for your injuries and other damages from the accident, in a personal injury lawsuit. These damages could include not only your medical expenses and lost wages, but also other measures such as damage to your car, and your personal pain and suffering from the accident which are not part of workers’ compensation benefits.
So now you have two insurance companies involved with this accident, each being asked to compensate you for your loss. The workers’ compensation insurance can reimburse you according to the workers’ compensation law, and the other driver’s auto insurance carrier is involved in defending the personal injury lawsuit.
To be sure the money that is paid for your injuries is not paid twice to you—once from each claim--your employer’s workers’ compensation insurer will have a lien on any money you recover from the driver in your lawsuit. This means that they have a case to be reimbursed for what they have paid to you in workers’ compensation benefits, if you are paid from the 3rd party for the same injuries. The employer can be reimbursed for up to 75% of what they have paid in workers’ compensation benefits, with attorneys’ fees and costs taken into account. This amount is often negotiable.
Bringing both claims gives you the possibility of recovering an amount that is larger than what you would get with workers’ compensation alone, because of the additional damages allowed in personal injury lawsuits that are not allowed in workers’ compensation cases. Our philosophy is to explore everything and then decide what is best from there. But as workers’ compensation immediately pays your medical bills and time off work, I can’t think of a time when we told a client not to at least pursue that claim.
We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.
