Workers Struck by Moving Vehicles in the Auto Industry
Workers struck by moving vehicles in the auto industry can suffer severe harm. A significant percentage of injuries in this context are caused by vehicles falling off lifts, vehicles moving while being repaired, or vehicles raised onto elevated surfaces by forklifts. Sometimes these injuries are catastrophic, and they may even be fatal. The Chicago workers' compensation attorneys of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca may be able to represent you in your efforts to obtain benefits if you have been struck and injured by a moving vehicle in the workplace.Workers Struck by Moving Vehicles in the Auto Industry
When workers handle vehicles each day, they may become complacent. They may not notice details like whether a vehicle has been in left in gear or with handbrakes off, which can present problems if they are started from outside the car. For example, if the engine is started while the car is on a four post-lift and it goes off the ramp and hits a wall, it could injure bystanders. For another example, if a mechanic starts an engine from outside the vehicle and it moves while in gear without the brake on, and the mechanic reaches inside to turn off the car, he could be crushed between an open door and the frame. Similarly, a worker can be crushed between a vehicle being worked upon and another vehicle or even a wall.Injuries
An auto worker may suffer serious or even catastrophic injuries as a result of a being hit by a moving vehicle. If he were injured in another context, such as on the street, he would need to prove fault on the part of others, and he would be able to recover a full spectrum of compensatory damages including damages for his pain and suffering. His only remedy with regard to his employer will be the recovery of workers' compensation benefits. However, these benefits are awarded regardless of fault, so that he even if the worker was negligent on the job and that was the reason for the injuries, he should be able to obtain workers' compensation benefits. A knowledgeable work injury lawyer can help you claim coverage for medical bills, lost wages, and other amounts.Benefits
In order to obtain workers’ compensation benefits, you will need to make sure to give your employer notice that you have work-related injuries. Often, moving vehicle injuries are incurred in front of other people and your boss will know that these injuries are work-related. Even so, you are supposed to provide your employer with written notice within 45 days of getting injured in the moving vehicle accident. After the employer learns of the injury, it must inform its workers' compensation insurer of the injury. If you're unable to work for than 3 scheduled working days, the employer must notify the Illinois Workers' Compensation Commission of your injury.
One benefit of worker's compensation is medical treatment. You are permitted to select a doctor or hospital to treat you. However, in Illinois, you can only choose two doctors on top of any emergency care you obtain. Beyond that number, you need to obtain employer approval prior to going to a different doctor. So, for example, if you suffered a traumatic brain injury that required you to go to the emergency room, and then you needed to see a neurosurgeon for treatment, seeing the neurosurgeon would be one choice. If it turned out that you didn't like the neurosurgeon and wanted a different one, you could choose a different neurosurgeon. After that point, you'd need to seek out permission to see an additional provider. You may be required to undergo an independent medical examination at some point; this is separate from your visits to a treating doctor. While the insurer can require you to undergo an independent medical exam, you are not required to accept treatment from that examiner.Consult a Workers’ Compensation Attorney in Chicago
If you are a worker struck by a moving vehicle in the automotive industry in Chicago, a skilled workers' compensation lawyer can assess your case and walk you through the process of making a claim. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent injured auto workers in Springfield, Champaign, Rockford, Aurora, and Quincy, as well as Winnebago, Champaign, Kane, Sangamon, Adams, and Cook Counties. Call us at 312-263-6330 or toll-free at 800-444-1525, or contact us online to get started.