What Should I Do After a Car Accident While Working?

What Should I Do After a Car Accident While Working?

How to Protect Both Your Alabama Workers’ Compensation Claim and Your Personal Injury Claim

A car accident is stressful enough. A car accident that happens while you are working can be even more confusing because you may suddenly be dealing with two separate legal claims at the same time.

You may have:

• an Alabama workers’ compensation claim because you were injured while performing your job; and
• a personal injury claim against the driver or other party who caused the wreck.

What you do during the first hours and days after the accident can affect both claims.

The most important thing to understand is this:

A work-related car accident is not just a car wreck. It may also be a workers’ compensation injury.

That means you need to protect both sides of the case from the beginning.

Recommended Reading: I Was Hit by Another Driver While Working—Do I Have a Workers’ Compensation Claim and a Car Accident Claim? One collision can create two separate claims with different benefits, different insurance companies, and different legal rules.

First, Make Sure Everyone Is Safe

Your first concern should be safety.  If anyone appears injured, call 911.  If you are physically able to do so, move to a safe location when appropriate and follow the instructions of law enforcement.

Alabama law generally requires drivers involved in qualifying accidents to stop, remain at or near the scene, exchange identifying information, and provide reasonable assistance to injured persons.

Do not worry about protecting a lawsuit before protecting yourself and others; medical care comes first.

Call the Police

Even when the other driver says: “Let’s just exchange insurance information,” calling law enforcement is usually the safer course after a significant collision.

A police investigation may document:

• Where the accident occurred;
• The identities of the drivers;
• Insurance information;
• Witnesses;
• Vehicle positions;
• Statements made at the scene; and
• Other facts that may later become important.

Do not assume the other driver will later remember the accident the same way you do.

Get Medical Treatment If You Need It

Some injuries are obvious immediately.  Others are not.

Neck pain, back pain, headaches, radicular symptoms, and other problems may become more noticeable after the initial shock of the collision wears off.  If you are injured, obtain appropriate medical treatment and tell the medical provider how the accident occurred and that you were working when it happened.

That matters because the same medical records may later become important evidence in both the workers’ compensation claim and the personal injury case.

Do not exaggerate your symptoms, but do not minimize them either.

Tell Your Employer About the Accident

This step separates a work-related collision from an ordinary automobile accident.

Do not assume your employer knows you were injured merely because you were driving a company vehicle or because a supervisor eventually hears about the wreck.  Report the accident and your injuries to the employer as soon as reasonably possible.

Explain:

• When the wreck occurred;
• Where it occurred;
• What job duties you were performing;
• Where you were going;
• Where you had just been;
• Whether you were driving a company or personal vehicle; and
• What injuries you suffered.

Under Alabama workers’ compensation law, a covered injury generally must arise out of and occur in the course of employment.

That makes why you were driving extremely important.

Recommended Reading: It’s an Injury Report-Not an Accident Report? and My Boss Said I waited too Long Before Reporting My Job Injury-What is Notice?

Document Why You Were Driving

This is one of the most important steps unique to a work-related automobile accident.  Months later, the workers’ compensation carrier may ask: “Were you really working when this happened?”

Preserve evidence showing why you were on the road.  Depending upon the job, that may include:

• Work orders;
• Dispatch records;
• Text messages from a supervisor;
• Emails;
• Customer appointments;
• Delivery schedules;
• Mileage records;
• Time records;
• GPS or route information;
• Job-site addresses;
• Photographs;
• Calendars; or
• Other records showing your destination and purpose.

Suppose you were driving from one construction site to another.  A dispatch record showing both locations may become important.

Suppose your supervisor texted: “Stop at the supply house and pick up these parts before coming back.”  Save the text.

A seemingly insignificant record can later prove that what looks like an ordinary drive was actually part of your employment.

Take Photographs and Preserve Evidence

If you can safely do so, photograph:

• Both vehicles;
• Vehicle damage;
• The accident scene;
• Skid marks;
• Traffic signals;
• Road conditions;
• Debris;
• Visible injuries; and
• Anything else that may explain how the collision happened.

Obtain the names and contact information of witnesses when possible.

Memories fade.

Vehicles are repaired.

Accident scenes change.

Physical evidence may disappear quickly.

That evidence can be especially important in the personal injury case because, unlike workers’ compensation, the third-party negligence claim generally requires proof that someone else was legally responsible for causing the accident.

Do Not Assume Fault Works the Same Way in Both Claims

This is a critical distinction.  Alabama workers’ compensation is generally a no-fault system, subject to statutory defenses. Section 25-5-51 provides compensation for covered injuries without regard to ordinary negligence.

The personal injury claim is different.  If you are pursuing damages against another driver, fault matters.

Imagine you are making a delivery and you accidentally miss a stop sign.  You may still potentially have a workers’ compensation claim if you suffered a compensable job-related injury, subject to applicable statutory defenses.

But your ability to recover against another driver in a negligence action presents an entirely different legal analysis.

Recommended Reading: If My Job Accident Was My Fault, Can I Still Receive Alabama Workers’ Compensation Benefits?

Do Not Give Unnecessary Recorded Statements Without Understanding Who Is Asking

After the accident, you may hear from several insurance companies.  There may be:

• The workers’ compensation carrier;
• The other driver’s automobile insurer;
• Your own automobile insurer;
• A company vehicle insurer;
• A commercial liability carrier; or
• Another third-party carrier.

Each company has a different role, and none of them necessarily has the same interests you do.

Before giving a detailed recorded statement, understand:

Who is asking?

Which claim are they investigating?

What will the statement be used for?

A statement given in one claim may later become relevant to the other.  For example, what you say about where you were traveling can affect the workers’ compensation case.

What you say about how the collision occurred can affect the personal injury case.

What you say about your symptoms can affect both.

Consistency matters.

Do Not Post About the Accident on Social Media

A photograph or comment that seems harmless can later be taken out of context.  Do not assume a private account means your posts can never be discovered.

At the same time, do not delete existing posts or evidence simply because you were involved in an accident or filed a claim.  Destroying relevant material after litigation becomes reasonably foreseeable can create evidence-preservation issues.

The better approach is to avoid discussing the case online and preserve what already exists.

Recommended Reading: Can Social Media Hurt My Alabama Workers’ Compensation Claim?

Find Out Which Doctor You Are Supposed to See

Another difference between workers’ compensation and an ordinary car accident is medical control.  In an Alabama workers’ compensation claim, the employer generally has significant rights concerning the selection of authorized medical treatment.

That means you should not assume that because another driver’s insurance company may eventually be responsible for damages, you can simply treat with any physician and expect workers’ compensation to pay.

Emergency treatment presents different considerations, but after the immediate emergency has passed, find out who the authorized workers’ compensation physician is and follow the authorized-treatment process.

Recommended Reading: Can I Choose My Own Doctor in an Alabama Workers’ Compensation Claim?

Keep Track of Your Work Restrictions

If a doctor gives you restrictions, obtain a copy.  Examples may include:

• No lifting over 10 pounds;
• No driving;
• No prolonged sitting;
• No climbing;
• No repetitive bending;
• No work at all for a period of time.

Give the employer appropriate documentation as your restrictions may affect:

• Whether you can return to work;
• Whether Temporary Total Disability benefits are owed;
• Whether modified duty is appropriate;
• The value of the workers’ compensation claim; and
• Your lost-wage and earning-capacity damages in the personal injury case.

The same medical restriction can therefore matter in both cases.

Keep Records of Your Expenses and Lost Time

Workers’ compensation and personal injury law compensate different types of losses.  Keep records of:

• Days missed from work;
• Reduced hours;
• Mileage related to authorized treatment;
• Out-of-pocket expenses;
• Prescription costs;
• Medical bills you receive;
• Pay records; and
• Other financial losses associated with the accident.

Do not assume every loss will automatically appear in an insurance company’s file.

What If You Were Driving Your Own Car?

You may still have a workers’ compensation claim.  Workers’ compensation coverage does not necessarily depend upon who owned the vehicle.  Suppose you were using your personal vehicle to:

• Visit a customer;
• Travel between job sites;
• Make a delivery;
• Pick up supplies; or
• Perform another job-related task.

The important question is usually why you were driving, not whether the title to the car was in your name.

What If You Were Riding as a Passenger?

You do not have to be the driver for an automobile accident to qualify as a job injury.  If your employer required or reasonably contemplated the travel, you may still be covered while riding with:

• A supervisor;
• A coworker;
• A work crew; or
• Another person transporting you for job purposes.

Recommended Reading: What If I Was Injured While Riding as a Passenger for Work? and What Does “Arising Out of and In the Course of Employment Mean?”

What If the Accident Happened Going to or Coming Home From Work?

This raises Alabama’s Going and Coming Rule.  An ordinary commute between home and a fixed workplace is generally not covered, but exceptions can apply.

Examples may involve:

• Special errands;
• Employer-provided transportation;
• Travel between job sites;
• Paid travel;
• Work duties performed during the trip; or
• Other circumstances connecting the journey to the employment.

Do not assume the answer merely because the accident happened before you clocked in or after you clocked out.

Recommended Reading: I Was Hurt Going to or Coming Home From Work—Is My Injury Covered by Alabama Workers’ Compensation? and What if My Employer Sent me on an Errand on my way to Work or on My Way Home?

What If You Made a Personal Stop?

Suppose you were traveling from one customer to another but stopped for a personal errand.  That may raise a question about whether you deviated from your employment.

A brief incidental stop and a substantial personal departure may be treated very differently.  And even if an employee temporarily leaves the course of employment, another question may arise as to whether the employee had resumed the employer’s business before the collision occurred.

These cases depend heavily on their particular facts.

Recommended Reading: What if I ran a Personal Errand and was Injured in an Automobile Accident?

You May Have Two Claims—But They Do Not Pay the Same Things

If another driver caused the wreck, your workers’ compensation claim and personal injury claim may proceed at the same time.

Workers’ compensation may provide:

• Authorized medical care;
• Temporary disability benefits;
• Permanent disability benefits; and
• Other statutory benefits.

A personal injury claim may permit recovery of damages unavailable through workers’ compensation, including pain and suffering and other losses recognized by Alabama tort law.

Section 25-5-11, Ala. Code 1975, expressly recognizes that when someone other than the employer is legally responsible for the injury, an employee may, in appropriate circumstances, pursue workers’ compensation benefits and an action against the responsible third party.

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

Remember the Statutes of Limitations

Do not assume that because an insurance company has opened a file, all legal deadlines have been protected.  The workers’ compensation case and the personal injury case have separate limitation rules.

Alabama generally applies a two-year limitations period to many personal-injury actions. Workers’ compensation has its own statutory limitations requirements.

This is another reason not to assume that an insurance claim being “open” is the same thing as preserving your right to file a lawsuit.

Recommended Reading: What Is the Statute of Limitations in an Alabama Workers’ Compensation Claim?

Workers’ Compensation May Have Rights Against Your Personal Injury Recovery

If workers’ compensation pays benefits and you later recover money from the negligent driver, the workers’ compensation carrier may have reimbursement, credit, or subrogation rights under § 25-5-11.

That does not mean you should not pursue the personal injury case, it just means the two claims need to be coordinated.

Recommended Reading: Will I Have to Pay Workers’ Compensation Back If I Settle a Personal Injury Claim?

The Law

Several different Alabama laws may apply when an employee is injured in an automobile collision while working.

• 25-5-51, Ala. Code 1975, generally provides workers’ compensation benefits for covered injuries arising out of and in the course of employment, without regard to ordinary negligence, subject to statutory defenses.
• 25-5-11, Ala. Code 1975, permits an injured employee, in appropriate circumstances, to pursue a third-party action when someone other than the employer is legally responsible for causing the job injury, while also addressing the employer’s reimbursement and subrogation rights.

Alabama motor-vehicle law also imposes duties upon drivers involved in accidents, including stopping, exchanging required information, and rendering reasonable assistance when someone is injured.

Because a work-related motor vehicle accident can involve both workers’ compensation law and Alabama personal injury law, the legal issues are often broader than those involved in an ordinary automobile collision.

The Bottom Line

If you are injured in a car accident while working, protect both potential claims from the beginning.

Get necessary medical treatment.

Call law enforcement.

Report the injury to your employer.

Document why you were driving.

Preserve photographs, witnesses, work orders, texts, and other evidence.

Follow the authorized workers’ compensation medical process.

Be careful about recorded statements and social media.

And if another person caused the wreck, determine whether you also have a personal injury claim.

One car accident may create two different cases. What you do immediately after the wreck can affect both.

Experience Handling Both Sides of a Work-Related Automobile Accident

At Powell & Denny, P.C., we have extensive experience representing injured workers in Alabama workers’ compensation claims and related third-party personal injury claims arising from automobile accidents. When the same collision creates both claims, issues involving medical treatment, disability benefits, liability insurance, evidence preservation, workers’ compensation subrogation, and settlement strategy can overlap. Handling both areas allows the entire accident to be evaluated together rather than treating each claim as though the other does not exist.

If you have suffered a job injury and you have questions about your rights and benefits under Alabama’s workers compensation or personal injury (negligence, wantonness, general tort) laws -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.