Work-related Car Accident Attorneys in Chicago, Illinois
Illinois Work-related Auto Accidents
Work-related car accidents necessarily involve the question of whether the employer should be held liable for damages for their employee’s car crash. This issue arises under two scenarios. The first is when you are the employee injured in a work-related car crash. The second scenario is when a person who is working injures you in a car crash. If you or someone you love suffered injuries in a work-related car accident in Illinois, you might be eligible for compensation for your damages. Such cases are rarely cut and dried. Therefore you need Chicago-land personal injury law firm of Stein & Shulman to represent and your family if you were injured in a work-related car accident. They have the reputation for fighting for their clients’ rights and their just compensation.
Your employer must indemnify you under Illinois’ workers’ compensation laws if you suffered injuries in a work-related car crash. Obviously, if you are driving from one point to another at the command of your employer or as an integral part of you work duties, and an accident occurs, your company must indemnify you. However, commuting does not fall into that category. Consequently, your employer has no obligation to provide you benefits if your injuries occurred during your commute.
Illinois’ law does recognize an exception. Employers do not concern themselves with where a person lives. It is an individual choice that does not involve the employer unless the company sends a person out of town to work. Under Illinois law, a traveling employee is considered to be injured on the job if traveling within the course of their employment. Illinois courts look at “three categories of acts” to determine whether the employee was acting within the scope of his or her employment. An employee is acting within the scope of employment when (1) the employee is performing at the command of the employer; (2) the employee is performing a duty he or she is legally bound to perform; or (3) the employee was performing an acts “incident” to his or her employment.
An employer must indemnify their employee if the employee causes harm to another during a work-related activity. The legal theory is known as “respondeat superior,” and it means that the employer is “vicariously liable for their employee,” who is acting within the scope of their employment. Companies will try to maneuver their way out of vicarious liability whenever possible.
In Illinois, the courts established a test to determine if a person was acting within the scope of his or her employment. Actions taken by an employee are within the scope of employment when:
- the employee is performing the duty he or she was hired to perform;
- the accident occurred during the time of employment and in the “space” of work, and
- the incident occurred while the employee was performing some act with the intent to benefit his or her
If either one of these three conditions is satisfied, then the courts consider the responsibility for the incident to fall on the shoulders of the employer. On the other hand, an employer is not responsible for an employee’s actions when the employer did not authorize the action. Also, the action will be beyond the scope of employment if the incident happened outside of the time and space of the employer’s work. Additionally, the employer has no obligation to indemnify its employee if the employee caused an accident while doing something for which the employer could derive no benefit.
Work-Related Car Crashes In Illinois Can Be Complicated
Experience matters. Stein & Shulman, LLC is a group of experienced, dedicated, successful, and committed attorneys who devote their practice to winning compensation for their clients who were injured. Learn how you can protect your rights by making an appointment today by calling (312) 422-0500 or complete our on-line contact form to schedule a free consultation. There is no fee unless they are successful on your behalf.
Instant, No Obligation Auto Accident Case Review
If you or a loved one have suffered an injury, contact us today for your free consultation with our experience Car Accident Lawyers in Chicago at (312) 422-0500 or by filling out a free contact form online. Our legal expertise comes at no cost to you, unless we win or settle your car accident case.
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