Content reviewed by:
Alex Shulman
If you were driving for your job when you got hurt in a crash, workers’ compensation may cover your medical care and part of your lost wages. Another driver or company may also be responsible if they caused the accident.
Questions about who pays after a motor vehicle accident that occurred while working often depend on whether the crash involved job duties, another driver, or more than one insurance company.
Our Manhattan workers’ compensation lawyers will review the accident to determine what happened. We will also explain the available benefits and determine whether additional claims may exist against another party. These cases can involve several sources of recovery, making it helpful to identify all available legal options early on.
Can I Get Workers’ Compensation Benefits After a Driving Accident?
Under New York Workers’ Compensation Law, employees who suffer injuries arising out of and during the course of employment may qualify for benefits, per New York Workers’ Compensation Law § 10.
Workers’ compensation benefits may cover:
- Medical treatment and hospital bills
- Physical therapy
- Prescription medications
- Mileage reimbursement for medical appointments
- Lost wage benefits if work is missed because of the injury
- Permanent disability benefits in some situations
These benefits are generally available regardless of who caused the accident.
When is an Auto Accident Considered Work-Related?
Injuries suffered in a vehicle accident may be covered by workers’ compensation if the employee was performing job duties at the time of the crash.
Some examples of this are:
- Driving between work locations
- Making deliveries
- Traveling to a work assignment
- Visiting clients or customers
- Running work-related errands
- Operating a company vehicle for work purposes
Each case depends on the facts and circumstances involved. Employers and insurance carriers sometimes disagree on whether the worker was acting within the scope of employment. Our work injury attorneys review accidents and help determine whether workers’ compensation benefits are available.
What if Another Driver Caused the Crash?
Workers’ compensation benefits generally prevent employees from suing their employer for workplace injuries under New York Workers’ Compensation Law § 11. Different rules may apply when another person or company caused the crash.
For example, a worker may be able to seek damages from another party if:
- Another driver ran a red light.
- A distracted driver caused the collision.
- A speeding driver caused the crash.
- A commercial trucking company contributed to the accident.
- A vehicle maker supplied a defective vehicle part.
In any of these situations, the injured worker may receive workers’ compensation benefits and pursue a third-party personal injury claim against the at-fault party. This is one reason work-related driving accidents can become complicated. More than one source of recovery may exist.
How are Workers’ Compensation Claims Different From Personal Injury Claims?
Workers’ compensation provides benefits for work-related injuries regardless of fault. A personal injury claim seeks damages from the person or company responsible for causing the crash. A successful personal injury claim may allow recovery for losses that workers’ compensation does not fully cover. Depending on the facts, this may include:
- Pain and suffering
- Full lost earnings
- Future income losses
- Additional medical expenses
- Other accident-related damages
Our firm will work to determine whether a third-party claim exists in addition to a workers’ compensation case.
What Happens if I Was Driving a Company Vehicle?
Employees often assume that a company vehicle changes everything, but the same basic questions still apply. The investigation may focus on why the employee was driving and whether the trip was related to your job.
Other questions may include who caused the collision and what insurance policies apply. These cases can involve workers’ compensation coverage, the employer’s auto insurance, another driver’s insurance policy, or supplemental insurance coverage.
It takes time to sort through multiple policies, and insurance companies may disagree about which carrier should pay certain expenses.
What if I Was Driving My Own Vehicle for Work?
If you were using your personal vehicle for work duties, you may still be eligible for workers’ compensation coverage. The important question is whether you were performing duties for your job when the accident happened.
For example, an employee traveling to meet a client may have a stronger workers’ compensation claim than an employee driving to work from home.
Does My Regular Commute Count as a Work Injury?
In New York, injuries that occur during an ordinary commute to or from work are often not covered by workers’ compensation. However, there can be exceptions.
Coverage may exist in situations involving special assignments, employer-directed travel, travel between job sites, and certain work-related errands. The details matter in these cases, so whether workers’ compensation applies often depends on the facts of the situation.
What to Do After a Work-Related Car Accident
If you have been in a traffic accident while driving for your job, consider doing the following as soon as possible to protect your claim:
- Report the accident to your employer.
- Seek medical care as soon as possible.
- Follow all medical recommendations from a doctor.
- Keep careful records of your treatment and expenses.
- Take photographs if possible.
- Get a copy of the police report.
- Ask witnesses for contact information.
Under New York Workers’ Compensation Law § 18, workers generally must notify employers of a workplace injury within 30 days. Waiting too long may create problems for a claim, so do this step as soon as possible.
What Challenges Can Arise in These Cases?
Because work-related driving accidents can involve more than one insurance company and multiple legal claims, disputes can happen. Parties may disagree over whether an accident happened as someone was carrying out their work duties.
They may also disagree over:
- Who caused the crash
- The severity of the injuries
- Medical treatment needs
- Lost wage benefits
- Insurance coverage issues
Evidence may come from several sources, including police reports, medical records, witness statements, photographs of vehicle damage, employment records, and company policies. A full investigation can help identify all sources of recovery.
How Long Do You Have to Take Legal Action?
If taking legal action is the next step in your situation, make sure you understand the deadlines for each type of claim involved. In addition to notifying an employer within 30 days about a job-related injury, workers must also comply with other notice and filing requirements.
Most New York personal injury lawsuits arising from a vehicle accident must be filed within three years under NY CPLR § 214(5). Missing a deadline can affect your ability to recover damages, so it is a good idea to review your situation as soon as possible.
Get Help From Shulman & Hill if You’ve Been Hurt While Driving for Work
Figuring out who pays if you are hurt while driving for work can become complicated when workers’ compensation benefits, insurance claims, and third-party liability are involved. Our Manhattan personal injury lawyers will review the accident and explain your next steps.
Since 2013, Shulman & Hill has helped more than 26,000 clients and recovered over $1 billion. Our legal team brings more than 200 years of combined experience to workers’ compensation and personal injury matters across New York.
If you are recovering from an accident that happened while you were driving for work, call Shulman & Hill for a free consultation. We handle cases on a contingency fee basis, meaning there are no attorney’s fees unless money is recovered for you. Every Borough, Every Block, New York, We Got You.
