Car Accident While on the Job: Workers Comp and Personal Injury

If you are involved in a car accident while performing work duties, you may be entitled to both workers compensation benefits and a personal injury claim against the at-fault driver. This dual recovery can significantly increase your total compensation.

Workers Compensation Benefits

Workers comp covers your medical expenses regardless of fault. Temporary disability benefits replace a portion of your lost wages. Permanent disability benefits if you have lasting impairment. Vocational rehabilitation if you cannot return to your previous job.

Third-Party Personal Injury Claim

If another driver caused the accident, you can file a personal injury claim against them in addition to your workers comp claim. The personal injury claim allows you to recover pain and suffering, full lost wages rather than the reduced workers comp rate, and other damages not available through workers comp.

Employer Subrogation

Your employer's workers comp insurer has a right to be reimbursed from your personal injury settlement for the benefits they paid. This subrogation lien reduces your net recovery from the personal injury claim.

Conclusion

A car accident while on the job opens up two sources of compensation. Understanding how workers comp and personal injury claims interact is essential to maximizing your total recovery.

Use our free settlement calculator to estimate what your case might be worth.