Crashes while working often feel like a “car insurance only” problem—but that assumption can be costly. Many work-related car crashes actually trigger two legal tracks at once, depending on why you were driving and who caused the wreck. For context, motor vehicle crashes remain one of the leading causes of work-related deaths in the U.S. This guide walks you through (1) whether the trip legally counts as “work,” (2) what workers’ comp can cover, (3) when a third-party claim may apply, and (4) what to do immediately to protect your health and your claim.
First question: Were you “on the clock” legally?
Eligibility hinges on whether the trip benefited your employer—not just where the crash happened. Many job-related auto accidents qualify even when they occur off-site.
Trips that are usually work-related
- Driving between job sites
- Deliveries, pickups, or client visits
- Running an employer errand (“special mission”)
- Driving as a core job duty (sales, courier, or rideshare as an employee)
These are classic workplace driving accidents because the travel itself advances the employer’s business. Courts often analyze them through the “going and coming rule,” which generally excludes ordinary commutes—but with important exceptions.
Commute gray areas (the “going and coming” rule)
A typical commute is often excluded, but some commute-related crashes may still qualify when:
- You’re using a company vehicle
- You’re paid for travel time or mileage
- You’re on a special errand for the employer
- The employer controls the parking area
- You’re a traveling employee (no fixed worksite)
Understanding these nuances matters for injuries from a work-related crash, especially when insurers disagree about coverage.
What workers’ comp can cover after a crash
Workers’ comp is no-fault. If your crash qualifies as work-related, benefits typically include:
- Medical treatment and rehabilitation
- Temporary or permanent disability benefits (amounts vary by state)
For illustration only: some states (like California) describe temporary disability as paying about two-thirds of gross wages lost while you recover. That’s an example—not a promise—since state formulas differ.
What workers’ comp usually does not pay
- Pain and suffering
- Full wage loss
- Vehicle repair or other property damage (often handled by auto insurance after company vehicle collisions or personal auto policies)
The tradeoff: you usually can’t sue your employer for negligence
Workers’ comp is commonly the “exclusive remedy” against the employer. California’s statutes are often cited as a clear example of this rule, but the details—and exceptions—vary by state.
When personal injury may apply in a work crash
If someone outside your employer caused the wreck, personal injury law may step in—especially after work travel accidents.
Common third parties in driving cases
- Another negligent driver
- A vehicle or parts manufacturer (defect)
- A road contractor or property owner (dangerous condition)
- A negligent commercial carrier
These situations open the door to third-party claims after a work injury.
What a third-party claim can seek that workers’ comp doesn’t
- Property damage
- Broader wage loss
- Non-economic damages (like pain and suffering), depending on state rules
Can you pursue both? Often yes—watch for liens and “reimbursement” rules
This is the dual-track moment. Workers’ comp can keep you afloat with medical care and partial wages while a third-party claim develops—but coordination matters. If comp pays benefits and you later recover from a third party, the comp carrier may assert reimbursement or lien rights against the settlement (rules vary widely by state). North Carolina, for example, spells out these interests by statute.
The first 48 hours: protect your health and your claim
Here’s some guidance after a job injury in Raleigh:
- Call 911 and get evaluated—adrenaline hides injuries
- Report the incident to your employer as soon as possible (in writing if possible)
- Document the work purpose: texts, dispatch logs, calendar invites, mileage/route, delivery tickets
- Get the police report number and witness information
- Be cautious about recorded statements until you understand which insurance applies
Know your rights before you settle
Bottom line: workers’ comp can deliver fast medical care and partial wages, while personal injury claims are fault-based and can reach broader damages—sometimes you can pursue both. Because state rules differ, this is general information, not legal advice. If you want to talk through your options after an injury, it may help to review your options with a qualified professional.
