Is a Car Accident Covered Under Pennsylvania Workers’ Comp?

Getting into a car crash is one of the most likely ways you can be injured.  When auto accidents are work-related, you may have multiple coverage options, from your auto insurance to the other driver’s insurance and perhaps even Workers’ Comp coverage.  However, Workers’ Comp only applies to qualifying car accidents.

Generally speaking, Workers’ Comp covers any accidents and injuries that are work-related.  If you drive as part of your job, this likely means those work-related accidents will be covered, but not every auto accident is work-related.  Even when accidents might ostensibly be work-related, proving that to the Workers’ Comp judge might require help from our attorneys.

For help with a claim, call the Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.

Does Workers’ Comp Usually Cover Car Accidents in Pennsylvania?

For an accident of any kind to be covered under your employer’s Workers’ Comp insurance, there are a few conditions that have to be met.

First, your employer must have the required Workers’ Comp insurance they are supposed to carry.  If they don’t, you may be able to claim payment directly from them instead of through their insurance carrier.  However, it may make your claim much more complex.

Second, you have to be a covered worker.  All “employees” should be covered under their employer’s Workers’ Comp, but many drivers are employed as “independent contractors.”  If that classification is correct, then you are treated as self-employed and would not fall under the “employer’s” Workers’ Comp.  However, many employers mischaracterize employees in an attempt to cut down on Workers’ Comp coverage, so definitely check with our Philadelphia Workers’ Compensation lawyers about your coverage before giving up and turning to alternative insurance policies (like your auto insurance) for coverage.

Lastly, the accident has to be work-related, which is worth examining on its own.

When Are Auto Accidents “Work-Related” for Insurance Purposes in Pennsylvania?

As mentioned, Workers’ Compensation only covers “work-related” injuries.  For an injury to be work-related, it usually has to happen in the course of your work.  That does not necessarily mean that it is tied to the specific duties of your position, but if it happens at work or while you are on the clock, it should generally qualify for benefits.  There are a few common situations where injured workers try to claim benefits for auto accidents, and we will go into whether or not the accident is “work-related” in each category.

Note that in these situations, it usually does not matter if you are the one driving or you are being driven around, as long as the travel is work-related.

Commuting

Accidents on your commute to work at the beginning of the day and away from work at the end of the day usually are not work-related, but there are some things that can turn at least part of the commute into a work-related trip.  Just going to or coming from work is considered something you do on your own, but if your boss asks you to pick something up on your way in or to make a stop to do a work-related task, that should make part of your commute work-related.  This would essentially turn that travel from the stop-off back to your workplace into a work-related trip.

Deliveries and Professional Driving

If you are a delivery driver or you work in transportation, basically all of the driving you do is directly part of your job and should be considered work-related.

Heavy Machinery Operation

Some jobs require workers to drive heavy machinery like construction vehicles, tractors, forklifts, golf carts, or other vehicles.  Accidents in other vehicles would still be work-related and should still get coverage under Workers’ Comp, even if you were not in a car.

Transportation Around Work Campus

Many jobs take place on large campuses or properties, and driving around that property would be work-related driving.  Whether you are the one driving or you are being driven around, this should still count as work-related driving.  For example, groundskeepers on a golf course or college campus security officers have to drive around for a substantial part of their workday.

Errands

Any other time that you leave your workplace or office to go on a work-related errand should also be considered a work-related trip, making any accidents during that drive part of your job.  For example, going out to get office supplies or to pick up a client from the airport would likely be work-related.

Travel Between Work Sites

Working at multiple locations in a day often turns the travel between sites into work-related driving.  Driving straight to a work site and going home again from a different work site would still be commuting, even if the location of your first/last stop changes from day to day, but travel between two or more work sites should be considered work-related.  For example, this is common for plumbers or electricians who might drive to the office in their own car, pick up supplies and a work vehicle, travel to multiple job sites, go back to the office at the end of the day, then drive home in their own car.

Lunch Breaks

Although taking a break is often required as part of many jobs, you are not necessarily required to drive during your break.  For this reason, driving during your lunch break might not be work-related.  However, if you were driving to or from a lunch meeting with clients or superiors, that should qualify.

After Hours Work Requirements

Many companies do retreats, trainings, or even office parties at odd times after hours.  Travel for one of these required parts of your job might be considered work-related.

Work Trips

Traveling longer distances for a retreat, training, or meeting during or after work hours would likely be work-related.  This could also extend coverage to other forms of travel, such as trains or airplanes.

On-the-Road Training

If you have to drive as part of your job, you may be required to train or put in hours in the vehicle before you can perform that part of your job.  On-the-road or behind-the-wheel training performed at work should certainly qualify as work-related driving, too.

Call Our Workers’ Compensation Lawyers in Pennsylvania Today

Call (267) 651-7945 for a free case evaluation with Cardamone Law’s Norristown, PA Workers’ Comp lawyers.