Injured While Commuting? What You Need to Know

Millions of people in and around Chicago commute to work each day. Most commuters use public transportation or drive in their own car to get to their jobs, but some Chicago area workers also bike to work or carpool. When commuters are injured on their way to work, complex issues can arise regarding liability.
The following factors significantly impact liability and your ability to obtain financial compensation for your injuries:

1. Were you a traveling employee?

Workers’ who are injured on the job are generally entitled to workers’ compensation benefits. Workers’ compensation extends to traveling employees, such as salespersons and flight attendants, who may not be engaged in work-related activities at the time of the injury, but who would not have been in the accident were it not for his or her job. For instance, if a salesman was injured in an auto accident on his way to a restaurant while on an out-of-town business trip, he or she may be entitled to workers’ compensation even tho
ugh the injury did not happen while he or she was engaged in work-related activities.

Illinois lawmakers recently proposed legislation that could significantly impact the ability of traveling employees to obtain workers’ compensation benefits.

2. Were you injured while driving or while riding on public transportation, such as a train or bus?

According to the NTSB, millions of Americans rely on commuter rail, subways, and light rail for their daily commute. Moreover, millions of Chicagoans rely on CTA’s fleet of more than 1,700 buses to commute to work. If you were injured in a bus or train accident, you may be entitled to financial compensation from the transportation company responsible for the bus or train involved in the accident.

3. Were you injured while carpooling?

According to the Illinois Department of Transportation, 22,812 passengers were injured in auto accidents in 2011 alone. Like any person who is injured by a negligent motorist in an auto accident, injured passengers are often entitled to money damages for medical bills, lost wages, and pain and suffering.

Accordingly, depending on the circumstances of the accident, you may be entitled to money damages from your driver and any other negligent drivers. Passengers injured in a car crash are often not aware of all of the facts of the accident, which can make determining liability difficult.

4. Were you injured while riding in a taxicab?

Not only do taxicab drivers have an obligation to obey the rules of the road like all motorists, but, as a “common carrier” available for hire, they have an obligation to exercise the highest degree of care in when transporting passengers. The failure to do so can result in liability for any injuries, damages, and deaths that occur as a result of a taxicab accident. If you were injured as a passenger in the taxicab accident, you may be able to recover money damages for your injuries from the taxicab driver and/or the taxicab company.