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Truck Drivers And Illinois Workers’ Compensation Laws
We are experienced Illinois attorneys who help truck drivers win workers compensation benefits. If you would like to speak with a lawyer for free, please contact us any time at 312-346-5320.
Filing a workers compensation claim and getting benefits can be a straightforward and painless process. Unfortunately, it can also be a frustrating, long, and difficult process. We see both sides of the coin when it comes to truck drivers.
Some truck drivers are employees of companies, and it’s not an issue to get workers compensation benefits as long as they can prove they were injured on the job. If you fall off your truck and break your leg, it’s a hard case for the insurance company to fight. Other truck drivers are called independent contractors and paid as a 1099, but for all intents and purposes, are actually employees. If we can prove that the driver is an employee and show that the company has control over them/their activities, we can get them workers comp benefits.
There are some key questions that help us determine if the alleged independent contractor is essentially an employee.
Does the company or the driver own the truck? Who owns the trailer?
Does the company tell the employee which routes to drive? Does it monitor your driving activity?
Does the company set the driver’s schedule (for example, do they require the driver to work five days on and two days off)?
Who does the scheduling of the pickup and delivery of the driver’s loads?
Does the driver have the right to refuse certain jobs? Would the company demand that the driver return the truck and/or trailer if he/she refuses a particular job?
Does the company insist that the driver take photos of the load at pickup and delivery?
Does the company have other drivers who are considered employees doing the exact same type of work?
Does the driver have the right to work for anyone who wants to contract with him/her using the same truck and/or trailer?
The more control a company has over you, the more likely it is that you are an employee. We have helped truck drivers win hundreds of these cases.
This situation can be confusing and frustrating for a driver who has been injured on the job and just wants to have his medical bills and lost wages paid. That is where an experienced and reputable attorney comes in. The lawyers we recommend are experts in these alleged independent contractor cases and will fight for the rights of injured drivers.
If you would like our help in winning Illinois workers comp benefits, please call us any time at 312-346-5320. We help truck drivers with cases everywhere in Illinois.