Worker’s compensation claims can be complex, and understanding if you are eligible for benefits after suffering injuries in a seemingly work-related auto accident can be particularly challenging. California has specific definitions for what is considered a work-related car accident that in turn determines whether you qualify for benefits. Below, we review the circumstances in which you can get workers’ compensation benefits for auto accident injuries in California.
What Is Considered a Work-Related Car Accident in California?
In the state of California, a work-related car accident is typically defined as one that occurs while performing duties related or essential to your job. The accident does not necessarily have to involve a company car to be considered work-related. The parameters of this definition are broad and can encompass a wide range of scenarios.
What Workers’ Compensation Covers After a Work-Related Car Accident
If your accident qualifies as work-related, California workers’ compensation benefits can include:
- The full cost of reasonable and necessary medical care related to your injuries
- Temporary disability payments — a portion of your lost wages while you recover
- Permanent disability payments if your injury results in lasting impairment
- Mileage reimbursement for travel to authorized medical appointments
- Vocational retraining benefits if you’re unable to return to your previous role
It’s important to understand what workers’ compensation does not cover as well — namely, vehicle damage and certain non-economic losses. We address both below.
Off-Site Meetings
If you are traveling to an off-site meeting by automobile in connection with your job, the associated travel time is generally considered part of your work duties. In other words, if you get into an accident while driving to an off-site meeting, the collision could qualify as a work-related incident, and you may be eligible for workers’ compensation. This rule also applies if you are sent to another location for work purposes or are running errands for your employer.
However, it’s important to understand that each case is unique, and several factors come into play when assessing whether a situation fits the criteria for a work-related car accident. The proximity of the accident to your job site, the nature of your work, and the specifics of your employment agreement can all affect the outcome of a claim. If you make significant deviations from your direct route to an off-site meeting for personal reasons, for example, a subsequent car accident may not necessarily be considered work-related.
Worksite Auto Accidents
Many industries require a significant amount of driving at a job site, oftentimes leading to an increased risk of auto accidents. The construction industry, for example, typically requires substantial vehicle operation, with heavy machinery and equipment such as bulldozers, backhoes, and dump trucks being commonly used. The oil and gas industry also involves a significant amount of driving at job sites. Employees often need to travel between various drilling sites, utilizing vehicles to transport heavy equipment and materials.
If you are in a job that involves substantial driving as part of your work responsibilities and you get injured in an auto accident, you may be entitled to workers’ compensation benefits. This can include injuries in collisions that occurred on or because of your job site. For example, if you were hit by a moving vehicle at a construction site or were injured in an accident while operating a construction vehicle, you could be eligible for workers’ compensation.
A common scenario in driving-heavy industries involves the transportation of materials from one site to another. Any accidents that occur while performing such tasks will often be considered work-related.
Does Workers’ Compensation Cover Vehicle Damage?
No. Workers’ compensation covers your medical expenses and a portion of your lost wages — it does not cover damage to your vehicle. If your car was damaged in a work-related accident, repair costs are typically pursued through a separate channel:
- A claim against the at-fault driver’s liability insurance, if another driver caused the crash
- Your own collision coverage, if you carry it, regardless of fault
- A third-party liability claim, if the accident involved a third party’s negligence (see below)
An experienced attorney can help you sort out which of these paths applies to your situation, and pursue them alongside your workers’ compensation claim.
Delivery Drivers
In California, delivery drivers may be entitled to workers’ compensation benefits when injured in car accidents that occur in the course of their employment. This means that if the accident happens while the driver is delivering goods, driving to pick up goods, or even returning from a delivery, it is likely to be considered a work-related incident.
However, note that independent contractors do not qualify for workers’ compensation benefits. This means that some types of delivery drivers, including independent contractors who deliver for services like Postmates or DoorDash, are not typically eligible for workers’ compensation benefits if they suffer injuries in an accident while working. Only employees, such as part- or full-time employees of pizzerias or courier services, can potentially get workers’ compensation benefits for work-related injuries.
Rideshare and App-Based Drivers
Most rideshare and delivery-app drivers — including those driving for Uber, Lyft, and similar platforms — are classified as independent contractors and do not qualify for workers’ compensation benefits. This mirrors the same rule that applies to independent delivery contractors discussed above.
However, if you’re a W-2 employee whose job requires you to drive as part of your duties — for example, a company driver, a courier employed directly by a business, or a sales representative required to travel between client sites — you remain covered by workers’ compensation even if the trip resembles rideshare-style driving.
If you were injured while driving for a rideshare or delivery platform as an independent contractor, you may still have options. A personal injury claim against an at-fault driver, or a claim through the platform’s contingent insurance coverage, may be available instead.
Is Commuting to Work Considered Work-Related in California?
In California, the general rule of thumb is that commuting to and from work is not considered a work-related activity. This is called the “going and coming” rule, which states that injuries sustained while an employee is traveling to or from work are typically not eligible for workers’ compensation. This principle is predicated on the idea that an employer does not have control over the risks associated with an employee’s commute.
There are some exceptions to this rule. If you are running an errand for your employer during your commute or if you are required to carry tools or equipment to work, your commute may be considered within the scope of your employment, thereby making injuries sustained during the commute potentially compensable under workers’ compensation.
Additionally, an employee is not considered to be “on the job” during unpaid meal breaks, so any injuries sustained during this time, including those resulting from car accidents, do not usually qualify for workers’ compensation. This also applies to any injuries sustained while driving to complete personal errands during your normal working hours.
I Was in a Work-Related Car Accident. Can I Still Get Benefits If the Crash Was My Fault?
If you were injured in a work-related car accident that you know was your fault, you are likely understandably concerned about whether you can still get workers’ compensation benefits. The good news is that fault does not usually matter in a workers’ compensation claim. California’s workers’ compensation system operates on a no-fault basis, so you may still be able to get benefits if you suffer work-related auto accident injuries due to an error in judgment or even negligence. Like in any workers’ comp case, however, you can be denied benefits if you were intoxicated at the time of the accident, if you intentionally caused the collision, or if you were behaving especially recklessly.
The Role of Third-Party Liability
Third-party liability refers to situations where a party other than the employer or one of their employees is responsible for an employee’s work-related injuries. For example, in the case of a delivery driver who gets hit by another motorist while on duty, the at-fault motorist would be considered a third party. In such instances, the injured worker may have the right to pursue a personal injury claim against the third party in addition to a workers’ compensation claim.
Filing a third-party liability claim can be beneficial for workers injured in work-related car accidents, as it may provide compensation for losses not covered by workers’ compensation. While workers’ compensation covers medical expenses and a portion of lost wages, it does not compensate for pain and suffering, emotional distress, or full wage loss. However, a successful third-party claim can provide these additional damages. Keep in mind that you must be able to prove your injuries were caused by the third party’s negligence to recover damages. Additionally, while you can pursue workers’ compensation benefits and a third-party liability claim simultaneously, you will need to return any collected workers’ compensation benefits if your third-party liability claim is successful.
How Does My Own Auto Insurance Factor In?
If you were using your personal vehicle for work when the accident occurred, your own auto insurance policy may play a role alongside your workers’ compensation claim — particularly if the at-fault driver was uninsured or underinsured.
- Uninsured motorist (UM) coverage can help compensate you if the at-fault driver has no insurance at all
- Underinsured motorist (UIM) coverage can help cover losses that exceed the at-fault driver’s policy limits
These coverages can supplement, but not duplicate, your workers’ compensation benefits. Because coordinating multiple insurance sources after a work-related accident can get complicated, it’s worth having an attorney review your policies before you accept any settlement.
How Long Do I Have to File a Claim?
California generally requires injured workers to report a workplace injury to their employer within 30 days and to file a workers’ compensation claim within one year of the date of injury. Missing these deadlines can jeopardize your right to benefits, even if your claim is otherwise valid.
If your injury didn’t become apparent right away — as can happen with soft-tissue injuries from a car accident — the clock may start from when you knew, or reasonably should have known, that the injury was work-related. Because these deadlines are strict and fact-specific, it’s best to report your accident and speak with an attorney as soon as possible after it happens.
Do I Have Any Legal Options If My Car Accident Was Not Work-Related?
If it is determined that your car accident was not work-related, you may still have options for recovering compensation, especially if the collision was not your fault. You may be able to successfully pursue a personal injury lawsuit against the other driver if you can prove their negligence caused the crash. Similarly, if a vehicle defect is to blame for the collision, you may be able to file a lawsuit against the manufacturer of the defective component.
Frequently Asked Questions
Can I Get Workers’ Comp if I Was Rear-ended While Driving for Work?
Yes. If you were performing job duties at the time of the crash, fault generally does not affect your right to workers’ compensation benefits, since California operates on a no-fault system.
What if I’m Driving My Own Car for Work and Get in an Accident?
You may still qualify. What matters is whether you were acting within the course and scope of your employment at the time — not who owns the vehicle you were driving.
Can I Get Both Workers’ Comp and a Separate Injury Settlement?
In some cases, yes. If a third party — such as another driver — caused your accident, you may be able to pursue a third-party liability claim in addition to your workers’ compensation benefits. See the Third-Party Liability section above for details.
Does Workers’ Compensation Cover Damage to My Car?
No. Workers’ compensation covers your medical care and lost wages, not vehicle repair. Property damage is typically pursued through the at-fault driver’s insurance, your own collision coverage, or a separate third-party claim.
How Long Do I Have to File a Claim After a Work-related Car Accident?
You generally must report the injury to your employer within 30 days and file your workers’ compensation claim within one year of the date of injury.
We Can Help You Explore Your Legal Options after a Work-Related Car Accident in California!
If you recently suffered injuries in a car accident that appears to be work-related but are having trouble getting workers’ compensation benefits, turn to Wax & Wax, A Law Corporation. Our experienced team of attorneys can help ascertain if your auto accident falls under the scope of workers’ compensation.
We are prepared to diligently examine the specifics of your case, assessing factors such as your employment contract, the nature of your work, and the circumstances of the incident. If we believe your accident is work-related, we can help navigate the process of claiming the benefits you are entitled to and will fight to ensure your rights are protected. If we determine that a third party’s negligence contributed to the accident, we can assist in pursuing a civil lawsuit against that party to recover further damages. Even if your accident is not work-related, we can walk you through other potential legal remedies, including personal injury lawsuits.
We can offer the professional guidance and comprehensive legal support you need during this challenging time. Call (818) 247-1001 or contact us online to schedule a free initial consultation today!
