You Were Just Doing Your Job When the Other Car Hit You
You were making deliveries along Route 1, driving between home care patients in Delaware County, or heading to a job site in Philadelphia. Another driver ran a light, and now you have a neck injury, a wrecked vehicle, and two insurance companies asking you questions.
A crash on the job creates more than one possible claim. Here is how a car accident while working PA case works for drivers across Philadelphia, Chester, Upper Darby, and Bucks and Montgomery counties.
Is a Car Accident While Working Covered by Workers’ Comp?
Often, yes. If you were driving for work when the crash happened, workers’ comp usually covers your medical bills and part of your lost wages, generally regardless of who caused the crash. Motor vehicle crashes are a leading cause of work-related deaths in the U.S. every year, according to the U.S. Bureau of Labor Statistics, so these claims are taken seriously. The Pennsylvania Bureau of Workers’ Compensation also has general information for injured workers.
The Commuting Rule and Its Exceptions
Ordinary commuting to and from a fixed workplace is usually not covered. This is known as the “going and coming” rule. However, there are important exceptions:
- Traveling employees, such as sales reps, delivery drivers, and home health aides
- Errands or special tasks your employer asked you to do
- Driving a vehicle provided by your employer
- Travel between job sites during the workday
Two Claims, Two Different Purposes
| Workers’ Comp Claim | Third-Party Injury Claim | |
|---|---|---|
| Against | Your employer’s insurer | The at-fault driver (and their insurer) |
| Fault needed? | No | Yes |
| Medical bills | Covered | Can be recovered |
| Lost wages | About two-thirds of your wage | Full lost wages |
| Pain and suffering | Not available | May be available |
Workers’ comp does not pay for pain and suffering. A third-party claim against the negligent driver can fill that gap. Your car insurance tort option, limited or full, can affect pain-and-suffering claims, though exceptions apply, especially for commercial vehicles.
What About the Workers’ Comp Lien?
If you recover money from the at-fault driver, the workers’ comp insurer usually has a right to be paid back for benefits it paid. This is called a subrogation lien. The lien is generally reduced by its share of your attorney fees and costs, and handling it carefully can make a real difference in how much you keep.
Steps to Take After a Car Accident While Working
- Call the police and get a crash report.
- Get medical care right away and say you were working.
- Report the crash to your employer in writing as soon as you can.
- Take photos of the vehicles, the scene, and your injuries.
- Get the other driver’s insurance information and the names of any witnesses.
- Do not give a recorded statement to the other driver’s insurer before getting advice.
Gig and rideshare drivers are often classified as independent contractors and may not be covered. That classification can sometimes be challenged, so get advice on your specific setup.
When to Speak with a Pennsylvania Workers’ Comp Lawyer
A car accident while working involves workers’ comp rules, auto insurance law, and lien issues all at once. A lawyer can coordinate both claims so one does not hurt the other. Learn more about the firm’s workers’ compensation services here, or see answers to more common questions on our FAQ page.
You Should Not Pay for Someone Else’s Mistake
After a car accident while working, remember that you were on the road because your job required it. Pennsylvania law gives you ways to cover your medical bills and lost income, and to hold a careless driver responsible.
If you were hurt in a crash while working, The Law Office of Kaitlin Files LLC can help you sort out your options. Contact Files Injury Lawyers today by visiting filesinjurylawyers.com or call us at 215-987-6452.
FAQs
Does workers’ comp cover a car accident while working in PA?
Usually, yes, if you were driving for work when the crash happened. Fault generally does not matter.
Am I covered on my commute?
Ordinary commuting is usually not covered, but there are exceptions for traveling employees, special errands, and employer vehicles.
Can I sue the other driver too?
Yes. You can bring a third-party claim against the at-fault driver for losses workers’ comp does not cover, like pain and suffering.
Will workers’ comp take part of my settlement?
The insurer usually has a lien for benefits paid. It is generally reduced by a share of attorney fees and costs.
I drive for a delivery app. Am I covered?
It depends on how you are classified. Many app drivers are treated as independent contractors, but that status can sometimes be challenged.
This article is general information about Pennsylvania workers’ compensation and is not legal advice. Every case is different. For advice about your situation, speak with a licensed Pennsylvania attorney.
