Attorneys Who Understand Their Clients

Can I Get Workers’ Comp if Hurt in a Car Crash Commuting to Work?

On Behalf of Douglas, Joseph & Olson Attorneys At Law  |

Though many people in Pennsylvania and across the country began working from home this past year. As the world opens back up, most employees will return to daily commutes. While this may not seem like a big inconvenience for those who did not leave home each day, road safety still matters most.

Still, the chance of a car accident on the way to work affects you and other drivers on the road. As a result, you may wonder if you can get workers’ compensation benefits. This may apply if you are seriously hurt in a crash on your way to work.

To navigate these situations effectively, it’s wise to consult a car accident lawyer who can guide you through the complexities of your case.

Why You Should Consult a Car Accident Lawyer

While workers’ compensation insurance could cover certain scenarios involving a worker being involved in a car accident, it does not cover every incident. Some situations in which workers’ comp may apply include the following: 

  • If you are on a business trip and must drive during the course of the trip, you could qualify for workers’ compensation if you suffer injuries in a car accident while on the trip. 
  • If you work in a capacity in which driving is a typical part of performing your work duties, workers’ comp may apply. 
  • If your employer asks you to run a work errand on your way to or from work, and you crash, you may qualify for workers’ comp. 
  • If you are an on-call employee and get in a crash on your way to work, workers’ comp may cover your applicable expenses. 
  • If your daily commute takes you through a dangerous area, like a construction zone, you may get workers’ comp if you are hurt. 

Of course, details about the accident will also be considered. For example, your employer may suspect illegal driving or misconduct that contributed to the accident. Nonetheless, workers’ compensation laws and coverage can be tricky. If you have a car accident during your work commute, you may want to check your eligibility. You could qualify for workers’ comp benefits. If your employer pushes back, you may need legal action. Start by talking to a car accident lawyer. 

What To Do After a Car Accident

After a car accident that may involve work duties, gather and keep documents as soon as possible. Contact your car accident lawyer. In Pennsylvania, workers’ compensation usually does not cover a normal commute to and from work. However, it may apply if the crash happened during a work-related task. It may also apply if you were traveling for business. It may apply if you were running an errand for your employer. It may also apply if you were acting within the course of your job. Because eligibility depends on the facts, the records you collect may be key. They can help prove the accident was work-related.

If you are able, request an official police accident report and keep a copy for your records. You should also collect the names and contact details of all drivers, passengers, and witnesses. Take photos of the vehicles, the crash scene, and road conditions. Also photograph any visible injuries. These details can support your account of what happened. They may matter if your employer or insurer questions if the crash qualifies for workers’ compensation.

Medical documentation is especially important in a Pennsylvania workers’ compensation claim. Seek medical care right away. Tell your provider the injury happened at work. Make sure the records clearly show it was work-related. Keep copies of all treatment notes, test results, prescriptions, and expense records. These documents can help show how serious your injuries are. They can also help confirm the benefits you may be entitled to receive.

You should also report the injury to your supervisor or employer as soon as possible. Pennsylvania says the employee should notify the employer promptly. Notice within 21 days preserves retroactive benefits. Notice after 120 days may result in a loss of workers’ compensation benefits. This may not apply if the employer already knew of the injury. Keeping thorough records from the start can strengthen your claim and help protect your right to benefits.