Being injured in a car accident on your way to work can create confusion about what type of compensation you might be entitled to. Many employees assume that any injury connected to work qualifies for workers’ compensation, but that’s not always the case. A workers’ comp attorney can help you understand when injuries from a commute might be covered and when you’ll need to pursue another type of claim.
When Commuting Accidents Are Not Covered
In general, injuries that happen while driving to or from work are not covered under workers’ compensation. This is known as the “coming and going” rule. The reasoning is that your commute is considered a personal activity, not one performed for the benefit of your employer. If you were in your own vehicle, traveling your usual route, and hadn’t yet started your job duties for the day, you likely won’t qualify for workers’ comp benefits.
That said, there are important exceptions. The details of where you were going, why you were driving, and whether you were performing work‑related tasks can all make a difference.
Exceptions To The Rule
There are several situations where an employee injured in a car accident while commuting may still qualify for workers’ compensation:
- If you drive as part of your job duties (such as a delivery driver, salesperson, or technician traveling to multiple job sites) your time on the road is considered work‑related. If you’re in an accident during those work hours, you’re typically covered.
- You may also qualify if your employer asked you to perform a special errand, like picking up supplies, dropping off paperwork, or attending an offsite meeting. In those cases, even though you were technically “on your way to work,” your travel served a business purpose.
- Similarly, if you were driving a company vehicle or your employer reimbursed you for travel time or mileage, that might also qualify your trip as part of your job duties.
When A Third‑Party Claim Might Apply
When workers’ compensation doesn’t apply to your case, you might still be able to recover damages through a third‑party personal injury claim. If another driver caused the crash, you may be eligible to file a claim against their insurance for your medical expenses, lost income, and other damages.
A car accident lawyer can help evaluate whether a third‑party claim is appropriate and how it might interact with any workers’ comp benefits you receive. In some cases, you may be able to pursue both types of claims, though the laws vary by state.
Taking The Right Steps After The Accident
If you’ve been hit while driving to work, don’t assume you’re ineligible for compensation. The line between personal and work‑related travel can be more flexible than it seems. Speaking with an experienced lawyer can help clarify your options and protect your right to recover benefits.
You may be entitled to workers’ comp, a personal injury claim, or both—depending on the specifics of your case. Reach out to a qualified attorney for guidance so you can focus on healing while they handle the legal details.
Why Documentation Matters
If you’re unsure whether your situation qualifies for workers’ comp, start by documenting everything. Report the accident to your employer right away, even if you’re not certain it’s covered. Gather medical records, photos, witness statements, and a copy of the police report. These records can help your attorney determine how the accident occurred and whether it meets the legal definition of a work‑related injury.
Attorneys can attest that details matter in these cases. Something as simple as running a quick work errand or taking a call from your supervisor on the way to the office could shift your case from non‑work‑related to eligible for benefits. Having an attorney review your situation early can prevent delays or denials.