Workers’ Compensation for On-the-Job Car Accidents in Pennsylvania
The short answer is that it depends. Commuting is generally not in the course and scope of employment and therefore isn’t considered a work injury if you’re injured while commuting. But if you are a traveling employee, it may be a work-related injury. A Philadelphia work injury lawyer will be able to guide you for your exact case. However, below is a brief guide to help you about PA car accidents and when to call a workers’ compensation lawyer.
When Can a Car Accident Injury Result in a Workers’ Compensation Case?
While it’s true that in this exact scenario, a personal injury case may be more appropriate, there are instances when a competent PA car accident attorney should see if there is enough grounds for a workers’ compensation case.
Commuting for Work
Like most things legal, there is no straight answer here. There are some variables to look at first. In most cases, your commute isn’t a part of your course/scope of employment. Therefore, if you are in an accident while driving or traveling to work, you aren’t eligible to apply for a workers’ compensation case for a car accident injury.
But this is where things get interesting (or complicated, depending on how you look at it). Even though you can’t file for work comp for car accident during your work commute, personal injury laws can be explored and a Philadelphia car accident attorney can help you work out the details.
When You’re a Traveling Employee
If you work as a traveling salesman, or are you commuting for a specific task assigned to you by your work, it may be grounds for workers’ compensation in PA car accident case.
Suppose your boss told you to pick up something at Staple’s on the way in, and that’s when you were in an accident- doing a specific assignment for work, that’s enough to start building a workers’ comp case.
Do remember that there are situations when both – a workers’ comp case and a third-party personal injury case – apply. In these cases, we work with some of the best car accident PA lawyers to maximize each legal matter for the benefit of our mutual client.
Since most workers’ comp cases in Pennsylvania are time-consuming as well as time-sensitive, you can get the best out of a bad situation by reporting your case to one our car accident lawyers in work comp cases at your earliest. The sooner we know, the quicker we can start gathering the facts that will help us provide you a settlement that you deserve.
When is a Car Accident a Personal Injury Case?
These are legal situations where you suffer an injury or accident caused by another person. A personal injury case is the process through which the law holds the other person liable and instructs their insurance company to pay for your pain, medical expenses, and the psychological trauma that you suffer.
In the example we are discussing today, while a workers comp case may not apply, you can discuss with your lawyer about a possible personal injury case. If you have hired a good enough car accident lawyer in Philadelphia, they will bring any such possibility up themselves, letting you take care of the more important matter of getting better.
Can a Car or Truck Accident While Working, Be Both a Workers’ Comp Case and a Personal Injury Case?
Yes, if the accident was caused by the negligence of the other driver (s). You may bring a personal injury (third party) suit against the driver who caused the accident, in addition to a workers’ compensation claim against your employer.
The personal injury suit involves negligence (ie, fault) whereas your work comp claim does not. You may recover money in both cases but the work comp insurer will have a subrogation lien against your third party personal injury case- in other words, they will get reimbursed from that recovery to the extent they paid out benefits in your work comp claim.
The issues can become complicated, so call or email me now for a free consultation.
If you have any questions, please feel free to call or email Cardamone Law at (267) 651-7945 for a free analysis of your case.
