Will I be able to get workers’ compensation if I was in car crash while working?

In most cases, you should be able to obtain workers’ compensation benefits if you are hurt in a car crash while working. If another driver caused the accident, you may also be able to pursue additional compensation.

Typically, workers’ compensation would pay for your medical expenses and a portion of your lost wages. You do not need to establish anyone’s fault to recover these benefits. However, these benefits will not pay for any non-economic damages such as pain and suffering and emotional distress.

If another driver’s negligence caused your accident, you can seek to recover for these non-economic damages through a personal injury lawsuit. Because the other would be considered a “third party,” these are commonly called “third-party claims.”

In contrast to a workers’ compensation claim, you would need to establish the other driver’s fault in a third-party claim. Also, your workers’ compensation insurer may have a claim to a portion of the damages you recover in a third-party claim settlement. So, you need to make sure that you resolve your workers’ compensation claim before your settle a third-party lawsuit. An attorney will know how to carefully navigate your case through these issues.

Please see our extensive section on Workers’ Compensation to learn more.