If you were involved in a traffic accident in your company vehicle, one of your questions may be if you should file a workers’ compensation claim or a personal injury claim.

What you do largely depends on what you were doing at the time of the crash. Were you working on the clock? Were you on your way to or from work? Did you or the other driver cause the crash? These are all questions you have to answer.

When to make a workers’ compensation claim for your injuries

It makes sense and is appropriate to file a workers’ compensation claim if you:

  • Were on the clock at the time of the accident
  • Were performing work duties when you were hit
  • Got into the crash while driving to or from a client’s location as a part of your job
  • Are on call and hit in your company’s vehicle

In all these cases, it makes sense to approach this from the point of view of a worker who has been injured.

When to make a personal injury claim

Not every crash involving someone who has a job is a workers’ compensation case. If you’re hit when you’re going to or from work and aren’t on the clock, then you may not be eligible for workers’ compensation. If you were hit by another driver at that time, then it would make sense to contact the other party’s insurance to make an insurance claim.

Alternatively, if you get into a crash and the other person doesn’t have insurance, you could be looking into making a claim against your own insurance carrier.

Do workers’ compensation and personal injury cases overlap?

Yes, sometimes. If you’re hurt on the job while driving and the other person is to blame, there’s a potential that you could file a claim against them and seek compensation through your employer. It may make sense for you to file for both kinds of compensation and coverage, too. This is something to look into as you learn more about your legal options and try to decide how you’d like to pursue compensation.