Workers’ Compensation vs. Car Accident Claims: What’s the Difference?
One question we hear often is this:
“If I was in a car accident while working, is that workers’ compensation or a personal injury case?”
The short answer is usually both.
When a Work Accident Involves a Car Crash
If you are injured in a car accident while you are on the job, workers’ compensation likely applies. This includes situations like:
- Making deliveries
- Driving for Uber or food delivery apps
- Running errands for your employer
- Driving a work vehicle
- Jobs that require you to be on the road, such as trucking or construction
Because you were working at the time, you may have a valid workers’ compensation claim.
Workers’ compensation is designed to:
- Pay for medical treatment
- Get you into care quickly
- Cover certain wage benefits
However, workers’ compensation is a no-fault system. That means it does not matter who caused the accident. It also means it does not compensate you for pain and suffering.
The Personal Injury Claim Is Separate
If another driver caused the accident, you also have a separate personal injury claim against that driver.
This is the claim where you pursue:
- Pain and suffering
- Full wage loss
- Long-term impact on your life
- Other damages not covered by workers’ compensation
Being on the job does not eliminate your right to go after the person who caused the crash.
Why You Often Need to Do Both
In many cases, the smartest approach is to pursue both claims at the same time.
Workers’ compensation can handle your immediate medical care and help you stay financially stable. Meanwhile, the personal injury claim holds the at-fault driver accountable.
At some point, the workers’ compensation carrier may assert a lien and ask to be reimbursed out of the personal injury settlement. That is something your attorney handles as part of the process.
The Key Takeaway
If you are injured in a car accident while working, you usually do not have to choose between workers’ compensation and a personal injury case.
You may have two claims, not one.
If you are unsure how this applies to your situation, it is important to speak with a lawyer who handles both sides of these cases and understands how they work together.
In pain? Call Shane at 980-999-9999.
