Understanding Your Rights When You’re Injured on the Job Behind the Wheel
If you were injured in a car accident while working, you may be entitled to two separate claims — one through workers’ compensation and another through a personal injury lawsuit.
Many employees don’t realize that these claims can overlap, and knowing how to handle them correctly can mean the difference between limited benefits and full financial recovery.
At WIN Trial Lawyers and Employees First Labor Law (EFLL), our attorneys work together to maximize every available dollar for injured workers who suffer auto accidents on the job.
When Car Accidents Count as Work-Related
Not every car crash that happens “while at work” qualifies for workers’ comp, but many do. Generally, you’re covered if you were driving for a work-related purpose, such as:
- Making deliveries or transporting goods
- Traveling between job sites or client appointments
- Running work-related errands at your employer’s request
- Driving a company vehicle
- Attending a work event, trade show, or meeting
- Working as a rideshare, courier, or field technician
This is often referred to as being “within the course and scope of employment.”
Even if you were partially at fault, California’s workers’ comp system still covers medical treatment and lost wages.
Workers’ Compensation vs. Personal Injury Claims
Here’s how the two claims differ — and when you can pursue both:
| Aspect | Workers’ Compensation | Personal Injury (Third-Party Claim) |
|---|---|---|
| Who Pays | Employer’s insurance | Negligent third party (e.g., another driver) |
| Proof Needed | No fault required | Must prove the other party’s negligence |
| Damages Covered | Medical bills, partial wages, disability | Pain & suffering, emotional distress, full wages, future loss |
| Filing Deadline | Report to employer within 30 days; 1 year to file | 2 years from the date of accident (6 months if government vehicle) |
| Attorney Needed? | Strongly recommended | Essential for maximizing compensation |
If another driver caused your crash, you can file a civil personal injury lawsuit in addition to your workers’ compensation claim.
Example Scenarios Where You Have Both Claims
- Delivery Driver Hit by a Distracted Driver
You’re making a delivery for work when a texting driver runs a red light.
→ Workers’ comp covers medical care and partial wages.
→ A personal injury claim against the at-fault driver covers pain, suffering, and full wage loss. - Salesperson Rear-Ended on the 210 Freeway While Traveling Between Clients
→ Workers’ comp pays immediate benefits.
→ The civil claim against the negligent driver covers total damages beyond comp limits. - Construction Foreman Struck by a Subcontractor’s Truck on a Job Site
→ Workers’ comp through employer
→ Third-party claim against the subcontractor’s company and insurer
In each scenario, two separate cases are possible — one administrative (workers’ comp) and one civil (personal injury).
Why You Should Pursue Both
Workers’ compensation provides necessary medical and wage benefits but often doesn’t come close to covering the full impact of a serious accident.
A personal injury claim allows recovery for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Future lost earning potential
- Property damage (e.g., your car)
- Out-of-pocket expenses
By pursuing both claims, you ensure that no source of compensation is left on the table.
Timing and Strategy Are Critical
The two claims proceed under separate laws and timelines:
- Workers’ comp: strict administrative deadlines (30-day notice + 1-year filing)
- Personal injury: generally two years to file (shorter if against a government entity)
If you settle one case too early, you could jeopardize your recovery in the other — for example, by triggering a workers’ comp lien on your personal injury settlement.
That’s why having one coordinated legal team — like EFLL × WIN Trial Lawyers — ensures both cases move together strategically.
How EFLL × WIN Trial Lawyers Handle Dual Cases
Our integrated team approach means:
- Workers’ comp attorneys protect your benefits and medical treatment access
- Personal injury attorneys build and litigate the negligence case
- Both coordinate lien negotiations and settlement timing
- You have one unified strategy and one team managing communication and results
We handle everything — from your employer’s insurance carrier to the at-fault driver’s insurer — so you can focus on recovery.
Serving Injured Workers Statewide
We represent injured drivers from Pasadena, Pomona, Long Beach, Irvine, and across Southern California — including delivery drivers, field techs, medical reps, and rideshare workers.
Wherever you’re driving for work, our team is ready to help.
Call WIN Trial Lawyers × EFLL Today
📞 Free Consultation — No Fees Unless We Win
🌐 wintriallawyers.com | employeesfirstlaborlaw.com
If you were injured in a car accident while working, you may have more than one claim — and more rights than you realize. Let us help you recover everything you deserve.
At WIN Trial Lawyers, we know how devastating distracted driving accidents can be. Victims often face mounting medical bills, lost wages, and emotional trauma. Our team has successfully taken on insurance companies and distracted drivers, recovering millions for injured clients.
If you or a loved one has been injured in a speeding-related car accident, don’t leave your future in the hands of the insurance company. You need experienced trial lawyers who know how to prove liability and fight for maximum compensation.
If you or a loved one has been injured in a distracted driving accident, don’t face this alone. The sooner you act, the stronger your case will be.
