Hurt in a Car Accident While Working in Pennsylvania: Workers' Comp, Auto Insurance, or Both?

Is a car accident on the job a work injury?

Often, yes. If you were driving as part of your job — making deliveries, traveling between job sites, visiting clients, running an errand for your employer, or driving a company vehicle — an injury from a crash is usually covered by workers' compensation, just like an injury inside the workplace.

What about my commute?

Ordinary trips to and from work are generally not covered. Pennsylvania follows what is often called the "coming and going" rule. There are exceptions, though, including employees with no fixed place of work, workers on a special assignment or errand for the employer, and situations where the employer provides the vehicle or pays for travel time. The details matter, so it is worth having them looked at.

Which insurance pays first?

When a crash is work-related, workers' compensation is generally the primary source for medical bills and partial wage loss. Your own auto policy may help fill certain gaps. The coordination between these coverages is technical, and mistakes in how bills are submitted can lead to denials or delays.

Can I also make a claim against the other driver?

Yes. Workers' compensation protects your employer from being sued, but it does not protect a negligent driver who caused the crash. A claim against that driver — and potentially their employer, if they were also working — is a third-party claim. It can include losses workers' comp never pays, such as pain and suffering and the full value of lost earning capacity. Learn more in workers' comp vs. a third-party claim.

Does workers' comp get paid back from my settlement?

Sometimes. Pennsylvania's rules on whether a workers' compensation carrier can be repaid from an auto-accident recovery are technical and can depend on the type of employer and benefits involved. This is an area where careful handling can affect how much you keep. See liens and subrogation in Pennsylvania.

What if I drive for Uber, Lyft or a delivery app?

App-based drivers are often classified as independent contractors and may not have workers' compensation at all. Coverage then depends on the app's insurance and your own policy, and it changes depending on whether you were logged in, en route or carrying a passenger. Read Uber, Lyft and delivery driver accidents.

What should I do after the crash?

Call the police and get the report number. Report the crash to your employer in writing as soon as possible. Get medical care and tell the provider you were working when it happened. Take photos of the vehicles and scene, and get the other driver's insurance information. Be careful about giving a recorded statement to the other driver's insurer before you understand your rights.

Talk it through with someone local. If you have questions about your own situation, the attorneys at Joyce, Carmody & Moran can review what happened and explain your options — no cost for the first conversation, and no obligation. We are based in Pittston and handle injury matters throughout Luzerne County and Northeastern Pennsylvania.

Related: Truck Accidents in Pennsylvania