Can You File a Workers’ Compensation Claim for an Auto Accident That Happened During Work Hours?
Getting into a car accident is stressful enough. When it happens during work hours, that stress multiplies—confusion, paperwork, missed pay, and unanswered questions all at once.
What many people don’t realize is that this added stress may actually work in your favor. Depending on why you were driving and what you were doing at the time, you may be entitled to compensation for injuries suffered in a car accident that happened during work hours.
If you’re asking yourself, “Can I file a workers’ compensation claim for this?” the answer isn’t always a simple yes or no. Coverage often depends on the details. This guide breaks down the key nuances, when a claim may be valid, when it may not be, and what steps you should take next.
Does workers’ compensation cover car accidents that happen during work hours?
Workers’ compensation can cover a car accident that happens during work hours if the accident occurred in the course and scope of your employment.
Coverage depends on whether the accident is legally considered work-related. Simply being on the clock is not always enough—what matters is the purpose of the trip at the time of the crash.
What makes a car accident “work-related” for workers’ compensation purposes?
A car accident is generally considered work-related if you were performing a task that benefited your employer when the crash occurred.
Examples include:
- Driving between job sites
- Traveling to meet a client or attend a work meeting
- Making deliveries or pickups
- Running errands at your employer’s direction
- Driving as part of your regular job duties
If your employer required or reasonably expected you to be on the road, that connection may be enough to qualify for workers’ compensation benefits.
Is a car accident while commuting to or from work covered by workers’ comp?
In most cases, no. Workers’ compensation usually does not apply to injuries sustained while commuting to or from work. This is known as the “coming and going” rule.
Because commuting is considered personal time, accidents that occur during a normal drive to or from work are typically excluded from coverage.
Does it matter who caused the car accident?
For workers’ compensation purposes, fault does not matter. You can still receive benefits even if another driver caused the crash—or even if you were partially at fault.
However, fault does matter when it comes to additional compensation outside of workers’ comp.
Can you file a workers’ comp claim and a personal injury claim at the same time?
Yes, in many cases, you can pursue both claims simultaneously. If another driver caused the accident, you may be able to:
- File a workers’ compensation claim for medical care and wage replacement, and
- File a third-party personal injury claim against the at-fault driver
This is often critical in serious injury cases, as workers’ compensation does not cover pain and suffering, while a personal injury claim does.
What benefits are available through workers’ compensation after a car accident?
If your accident qualifies as work-related, workers’ compensation may provide:
- Full coverage of necessary medical treatment
- Temporary disability payments for lost wages
- Permanent disability benefits, if applicable
- Mileage reimbursement for medical appointments
These benefits are designed to help you recover physically and financially while you are unable to work.
What should you do after a car accident that happened during work hours?
Taking the right steps early can protect your claim.
You should:
- Seek medical care immediately
- Report the accident to your employer as soon as possible
- Document where you were going and why
- Avoid giving recorded statements without legal advice
- Speak with a workers’ compensation attorney before assuming you are not covered
Small details, such as whether a trip was work-related—can determine whether your claim is approved or denied.
How can Avera & Smith help with a work-related car accident claim?
Work-related auto accident claims are frequently disputed by insurance companies. Employers and insurers may argue that the accident happened during a commute or outside of regular job duties, even when evidence suggests otherwise.
At Avera & Smith, our attorneys evaluate the facts, identify applicable exceptions, and pursue all available benefits. When a third party is involved, we also help injured workers seek additional compensation beyond workers’ compensation.
If you were injured in a car accident during work hours, do not assume you are ineligible for benefits.
Contact Avera & Smith today by calling 800-654-4659 for a free consultation to learn how workers’ compensation laws apply to your situation.