Malman Law
Legal News

Friday, October 22, 2010

Reckless Driving

Illinois Reckless Driving Charge Will Not Affect Workers Compensation Claim

A former Illinois state trooper who was accused of Illinois reckless driving and pleaded guilty to two counts of reckless homicide has filed a workers compensation claim. Matt Mitchell was on duty driving to a traffic crash site when his car crossed the median, collided with another vehicle and killed two teen-aged sisters. Mitchell was driving recklessly – simultaneously emailing and talking on his telephone while driving upwards of 126 mph.

Although the former state trooper was sentenced to 30 months of probation and was suspended with pay from his job for two years, he is now seeking a workers compensation settlement. According to state law and the workers compensation board, negligence or Illinois reckless driving does not preclude the injured worker from receiving work injury benefits because he was on the job at the time and workers compensation is a “no fault” system.

In most cases, the following criteria need to be met to qualify for workers compensation:

– The injured party is an employee.
– The employee sustained an illness or injury.
– The illness or injury:
o Occurred during the course of employment
o Is a result of the job or job function
o Resulted in an impairment and/or lost wages

If you were injured while performing your job, even if it was due to negligence or recklessness, you should speak with a Chicago workers compensation lawyer. Most likely you are still eligible to receive workers compensation benefits, as you were injured on the job.