I Was Hit by Another Driver While Working—Do I Have a Workers’ Compensation Claim and a Car Accident Claim?

I Was Hit by Another Driver While Working—Do I Have a Workers’ Compensation Claim and a Car Accident Claim?

Why One Work-Related Collision May Create Two Separate Legal Claims

You are driving for work.  Maybe you are making deliveries, maybe you are traveling to see a customer, maybe you are driving between job sites.

Another driver runs a red light and crashes into you.

You are injured.

Now two different insurance systems may become involved, which naturally raises a question:

Do I have a workers’ compensation claim, a car accident claim, or both?

The answer may be both.

The Quick Answer

If you were engaged in work-related duties when another driver’s negligence caused the collision, you may have:

• a workers’ compensation claim based on your job-related injury; and
• a personal injury claim against the negligent driver.

The fact that the accident happened while you were working does not automatically eliminate the car accident claim.

First Question: Were You Working?

The first issue is whether the collision arose out of and occurred in the course of your employment.

The answer often depends on what you were doing when the accident happened.

Examples of work-related driving may include traveling to see a customer, driving between job sites, making deliveries, returning to the employer’s office after a service call, or performing another task for the employer.

The fact that you were driving your own personal vehicle does not necessarily defeat the workers’ compensation claim.

The focus is usually on why you were driving, not simply who owned the vehicle.

Recommended Reading: Can I Have Both an Alabama Workers’ Compensation Claim and a Personal Injury Claim?

What About Driving to or From Work?

Ordinary commuting is generally treated differently.  Alabama’s Going and Coming Rule usually excludes injuries occurring during a normal commute between home and a fixed place of employment.

But there are important exceptions.

For example, the analysis may differ when the employee is on a special errand, traveling between job sites, working from multiple locations, or otherwise furthering the employer’s business during the trip.

Recommended Reading: Understanding Alabama’s Going and Coming Rule.

Second Question: Did Another Driver Cause the Collision?

Workers’ compensation generally does not require you to prove that another driver was negligent.

A personal injury claim does.

To pursue the car accident claim, you generally must establish that the other driver or another legally responsible party caused the collision.  Examples may include speeding, distracted driving, running a red light, following too closely, failing to yield, unsafe lane changes, or other negligent conduct.

Why Are There Two Claims?

Because the claims serve different purposes.

Workers’ compensation is concerned with whether you suffered a compensable job-related injury.

The car accident claim is concerned with whether someone else’s negligence caused your injuries.

If both are true, both claims may exist.

Recommended Reading: I was Hit by Another Car.  Do I have a Workers’ Compensation Claim and a Car Accident Claim?

What Can Workers’ Compensation Pay?

Workers’ compensation may provide authorized medical treatment, temporary disability benefits, permanent disability benefits, and other benefits provided by Alabama law.

What Can the Car Accident Claim Pay?

A personal injury claim may provide compensation for damages such as pain and suffering, mental anguish, future medical expenses, loss of enjoyment of life, permanent impairment, loss of earning capacity, and other damages allowed under Alabama law.

That is why the personal injury claim can be important even when workers’ compensation is already paying benefits.

Does It Matter Whether I Was Driving a Company Car?

Usually, ownership of the vehicle is not the controlling issue.  You could be driving a company vehicle or your own car and still potentially have a workers’ compensation claim if you were performing work-related duties.

Likewise, the personal injury claim still depends on whether another person was legally responsible for the collision.

What If I Was Partly at Fault?

The workers’ compensation analysis and the personal injury analysis are very different.

Workers’ compensation is generally a no-fault system, subject to statutory defenses.  A negligence claim against another driver is not no-fault.

Alabama’s contributory negligence doctrine can create major problems if the injured person is found to have contributed to causing the accident.  That is one reason the two claims should not be confused.

Recommended Reading: If My Job Accident Was My Fault, Can I Still Receive Alabama Workers’ Compensation Benefits? What Does “Willful Misconduct” Mean?  Does Violating a Safety Rule Automatically Prevent Me from Receiving Alabama Workers’ Compensation benefits?

What If I Was Not Wearing My Seat Belt?

Failing to wear a seat belt does not automatically answer either claim.  The effect depends upon the particular legal issue and the facts of the case.

In workers’ compensation, questions may arise concerning willful misconduct or failure to use a safety appliance in appropriate circumstances.

In the personal injury claim, different evidentiary and damage issues may arise.

Recommended Reading: Understanding Alabama’s Going and Coming Rule

What If I Was Driving My Personal Car?

That does not necessarily matter for workers’ compensation coverage.  If you were using your personal vehicle to perform job duties, you may still be within the course of your employment.

The more important question is whether the trip was work-related.

What If I Took a Personal Detour?

This can complicate the workers’ compensation claim.  Suppose you were driving to see a client but substantially departed from the route to run a purely personal errand.

Coverage may depend upon the nature and extent of the deviation and whether you had returned to your employer’s business when the collision occurred.

These cases are very fact-specific.

Who Pays My Medical Bills?

In many dual-claim cases, workers’ compensation initially pays authorized medical treatment related to the job injury, but the third-party liability carrier may ultimately be responsible for damages in the personal injury case.

When both systems are involved, reimbursement and subrogation issues may arise.

What Is Workers’ Compensation Subrogation?

If the workers’ compensation carrier pays benefits and you later recover from the negligent driver, § 25-5-11, Ala. Code 1975 may give the carrier reimbursement rights.

That does not mean you should not pursue the car accident claim.  It does mean the two cases need to be coordinated carefully.

What If the Other Driver Was Working Too?

That can create additional parties and insurance coverage.

For example, if a commercial truck driver causes the accident while acting within the scope of employment, claims may potentially exist against both the driver and the employer, depending on the facts.

Commercial vehicle cases can also involve maintenance companies, loading companies, brokers, or other parties.

The Law

For the workers’ compensation side, § 25-5-51, Ala. Code 1975 generally requires that the injury arise out of and in the course of employment.

For the third-party side, § 25-5-11, Ala. Code 1975 recognizes an injured worker’s ability, in appropriate circumstances, to pursue a claim against a third party responsible for the injury while also receiving workers’ compensation benefits.

The Going and Coming Rule and its exceptions are largely developed through Alabama appellate case law.

The Bottom Line

If another driver hits you while you are performing your job, do not assume you have only one claim.

You may have a workers’ compensation claim because you were engaged in work-related duties and you may also have a personal injury claim against the driver who caused the collision.  The two claims are different, but they often overlap.

Understanding both can be critical to recovering the full benefits and compensation Alabama law allows.

 

At Powell & Denny, P.C., we have extensive experience representing injured workers in Alabama workers’ compensation claims and related third-party personal injury claims. When the same accident creates both claims, it is important to understand how they work together. Medical evidence, settlement decisions, workers’ compensation subrogation rights, and other issues in one claim can directly affect the other. Our experience handling both workers’ compensation and personal injury cases allows us to evaluate the entire case—not just one part of it—and work to protect all of the benefits and compensation available to our clients.

If you believe you have a workers compensation and also a personal injury claim against another party-don’t hesitate to contact and speak with one of the experienced  attorneys at Powell and Denny today for a free consultation. Appointments are available in person, or virtually via Zoom if more convenient.  Powell and Denny would appreciate the opportunity to help.  And remember, there is no fee unless you win.