City of Chicago Workers Injured by Moving Vehicles
The Illinois Workers’ Compensation Act is intended to make it easier for workers to obtain compensation than it would be if they had to sue for damages in a civil lawsuit. In practice, however, it can be difficult to secure benefits. Workers’ compensation coverage is available to City of Chicago workers. The City is self-insured, which means they are approved to pay their claims directly and don’t need to pay premiums to a workers’ compensation insurer. You have coverage for work-related injuries as soon as you’re hired by the City. If you’re a City of Chicago worker who was injured on the job by a moving vehicle, you should be eligible for benefits. You can consult the dedicated Chicago workers’ compensation attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca for guidance in assessing your legal options.City of Chicago Workers Injured by Moving Vehicles
Moving vehicle accidents can cause serious injuries, including contusions, lacerations, disfigurement, amputation, traumatic brain injury, paralysis, fractures, and broken bones. These injuries may render you unable to work; they may be temporarily or permanently disabling. Usually serious injuries necessitate medical care. If you are harmed while working for the City of Chicago, you may be able to bring a workers’ compensation claim for benefits, which can include coverage for both medical and disability benefits. You should seek medical care immediately after your accident and follow the doctor’s prescribed treatment.Notice
You should provide written notice of your injury to your employer as soon as you can, but certainly within 45 days of the accident. Delay can cause the City to believe you are not being truthful about your work-related injuries. You may need to establish that the injuries are work-related, particularly if you were injured away from your worksite.
You have the burden of showing that you were acting within the scope of your employment at the time you were hit by a moving vehicle. For example, if you’re a bus driver or other driver for the City, you may find it easier to obtain benefits after being injured in a moving vehicle accident. If you don’t drive regularly for the City, however, you may find it challenging to show that you were acting in the scope of employment when the motor vehicle accident occurred. Under these circumstances, the City may challenge your claim that you were performing work at the time you were struck.
For purposes of workers’ compensation benefits, it doesn’t matter if you were to blame for the motor vehicle collision that injured you. The workers’ compensation system is a no-fault system. Even if you were to blame for the accident, you can still obtain workers’ compensation benefits under the Illinois Workers’ Compensation Act, and a knowledgeable work injury lawyer can help you with your claim.Benefits
Benefits to which you may be entitled after a work injury include reasonable medical care, temporary or partial disability benefits, vocational rehabilitation benefits, and permanent partial or total disability benefits. If a loved one, such as a spouse, was a City of Chicago worker who was killed in an on-the-job moving vehicle accident, you may be able to obtain death benefits.Third Party Liability
If you were injured by a moving vehicle while on the job, and the negligent driver of the moving vehicle was not employed by the City, you may have a basis to sue for damages in civil court. In many third party lawsuits, you’ll need to establish negligence, which means you would need to show: (1) the other driver owed you a duty of care, (2) breach of the duty of care, (3) causation, and (4) damages. Sometimes there are other grounds for liability against a third party when a vehicle accident has occurred; for instance, you may have a claim for premises liability or product liability.Chicago Attorneys for Workers’ Compensation Claims
If you’re a City of Chicago worker who was injured by a moving vehicle and you’re worried about obtaining benefits, you can talk to the seasoned workers’ compensation lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca about your situation. We can represent City workers in Champaign, Rockford, Quincy, and Aurora, as well as Kane, Cook, Adams, Winnebago, and Sangamon Counties. Contact us at 312-263-6330 or 800-444-1525, or via our online form.