Injured While Driving for Work in California: Workers’ Comp, Personal Injury, or Both?
If you’re hit by a car while you’re working, you may have more than one legal claim to explore. If you were performing job duties, you are likely to qualify for workers’ compensation benefits. However, if your accident was caused by another driver or a third party, you may also have a personal injury claim. These cases may overlap, so you may find it helpful to begin by filing for workers’ compensation and meeting with a personal injury attorney.
At Moga Law Firm, attorney Scot Thomas Moga has spent decades advocating for California workers. Because he works in both workers’ compensation law and personal injury law, he strives to help clients navigate both claims in a way that protects their best interests. Learn more about how our personal injury law firm can help you hold negligent drivers accountable by calling us at 909-931-2444.
When a Car Accident is Considered Work-Related
California’s workers’ comp system generally covers injuries that arise out of and occur in the course of employment. A crash may be considered work-related if you were driving between job sites, making deliveries, traveling to meet clients, picking up supplies, or running errands for your employer. However, a regular commute to and from a fixed workplace isn’t usually considered part of your course of employment. This is known as California’s coming-and-going rule.
Even with this, though, there are exceptions. If you were performing a work-related errand or were paid for travel time, for example, you may still qualify for workers’ comp benefits.
What Workers’ Comp Pays After a Work-Related Crash
If your accident is work-related, workers’ compensation may provide benefits for medical treatments, temporary disability benefits while you recover, permanent disability benefits when applicable, job displacement benefits, and death benefits for surviving dependents. However, your disability benefits are typically limited to a percentage of your income, and you can’t receive compensation for pain and suffering.
When You Can Also File a Personal Injury Claim
You may want to bring in a personal injury lawyer if your car accident was caused by another person’s negligence. In many cases, the negligent party is another driver. If you were struck by someone who was distracted, speeding, or otherwise driving unsafely, you may be able to pursue a claim against them. Consider, for example, a nurse who visits clients at home to help them live independently. While traveling between clients’ homes, another driver runs a red light and strikes them on the side, causing a T-bone accident. In that situation, they may be able to sue the other driver.
Drivers aren’t the only potentially liable party. Other liable parties may include trucking companies, contractors, vehicle manufacturers, and even municipalities that are responsible for maintaining roads and signage.
What a Personal Injury Claim Covers That Workers’ Comp Does Not
If your personal injury attorney is successful in pursuing a claim against a third party, you could be entitled to compensation that workers’ comp does not offer. Damages may include pain and suffering, lost income (without the limits imposed by workers’ compensation), lost future wages, future medical costs, and other accident-related losses.
The Role of Subrogation and Reimbursement
It’s not uncommon for workers’ compensation to initially pay for medical care and partial wage replacement, only for the worker to later reach a settlement with a liable third party. When this occurs, the injured worker can’t receive duplicate compensation for the same loss. When the settlement comes through, the workers’ compensation insurer or employer may have reimbursement rights. The same thing may happen if your health insurance pays for medical expenses and you later receive compensation for your accident-related medical expenses.
In these situations, the parties who paid your expenses upfront may recover what they paid (or a negotiated amount) from your settlement money. This is paid before you receive your settlement.
Our Personal Injury Law Firm in California is Here to Help—Let’s Talk
If you think you may have a third-party claim after a work-related car accident, it’s time to schedule a consultation with a personal injury lawyer. We’ll learn more about your accident, explain your options, and help you get on the right path. Contact us online or give us a call at 909-931-2444.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
