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Workers’ Compensation for Delivery Drivers After a Truck Accident

 Posted on December 16, 2023 in Workers' Compensation

IL workers comp lawyerAbout 1.7 million people work as delivery truck drivers in the United States, and such a high number of jobs creates the likelihood of increased truck accidents. A truck driver who suffers injuries in an accident may be unable to work for a prolonged period. For the average person, not having a steady source of income is simply not feasible.

After a truck driver is involved in an accident, he or she may be eligible to receive workers’ compensation to cover medical expenses and lost wages. Workers’ compensation is employer-provided insurance that comes at no cost to the employee. Moreover, the employee does not need to prove that the employer’s negligence led to his or her injuries.

If you are a delivery driver who has been involved in a truck accident, our Joliet workers’ compensation lawyers would like to assist you during this confusing time.  

The Process of Workers’ Compensation in Illinois

Illinois’ Workers’ Compensation Act requires employers to carry workers’ compensation insurance to employees. The Act stipulates that an employee who is filing for temporary disability benefits is eligible to receive two-thirds of his or her average weekly wage without any tax withholding.

When you file a claim, your employer will provide you with a list of approved medical providers. These are the physicians that are covered under your insurance. If you choose to find your own provider, then you will have to pay out of your own pocket.

Workers’ Comp from an Out-of-State Employer

You are allowed to file for workers’ compensation insurance in Illinois as long as your insurance policy provides coverage in the state. Typically, if employees are conducting any business within the state of Illinois, then they are allowed to file a workers’ compensation claim in the state. 

If a delivery truck driver makes deliveries primarily in Illinois, your employer will still be required to provide Illinois workers’ compensation insurance. This applies even if your company’s headquarters is located in another state and all of its employees reside in other states.

How Long Do I Have to File a Claim?

You have 45 days from the date of your accident to inform your employer of your injury. Your employer will be responsible for initiating the process with insurance. If you have missed at least three days of work in a row, your employer will only have 14 days to deny or accept your claim.

Your employer will then have 30 days to report your claim to the Illinois Workers’ Compensation Commission. Employers often drag their feet during this process. This is where the experience of a workers’ compensation attorney cannot be taken for granted. 

When you hire a Will County workers’ compensation lawyer, you are hiring an advocate on your behalf. We will ensure that your employer is following the law and that you are receiving the full extent of workers’ compensation benefits.

Injured While Making Deliveries? Contact a Joliet, IL, Workers’ Compensation Lawyer Today

As we approach the holidays, delivery truck drivers have to deal with chaotic schedules. If you are injured while on duty, you may be eligible for workers’ compensation. Contact a Will County, IL, workers’ compensation lawyer from McNamara Phelan McSteen, LLC today for a free consultation to learn more. Reach out online or by calling 815-727-0100

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