If I’m In A Car Accident On My Way To Work – Is That A Workers’ Compensation Case In PA?

It depends. Commuting is generally not in the course and scope of employment and therefore isn’t considered a work injury if you’re injured while commuting. But if you are a traveling employee, it may be a work-related injury.

Is Car Accident on My Way To Work A Work Comp Case?

Like most things legal, there is no straight answer here. There are some variables to look at first. In most cases, your commute isn’t a part of your course/scope of employment. Therefore, if you are in an accident while driving or traveling to work, you aren’t eligible to apply for a workers’ compensation case.

But this is where things get interesting (or complicated, depending on how you look at it). Even though you can’t file for work comp for car accident during your work commute, personal injury laws can be explored.

Car Accident
Image Source: unsplash/Erik Mclean

A Personal Injury Case:

These are legal situations where you suffer an injury or accident caused by another person. A personal injury case is the process through which the law holds the other person liable and instructs their insurance company to pay for your pain, medical expenses, and the psychological trauma that you suffer.

In the example we are discussing today, while a workers comp case may not apply, you can discuss with your lawyer about a possible personal injury case. If you have hired a good enough car accident lawyer in Philadelphia, they will bring any such possibility up themselves, letting you take care of the more important matter of getting better.

When Can A Work Commute Injury Result In A Workers’ Compensation Case?

While it’s true that in this exact scenario, a personal injury case may be more appropriate, there are instances when a competent injury attorney should see if there is enough grounds for a workers’ compensation case.

– When you’re traveling employee:

If you work as a traveling salesman, or are you commuting for a specific task assigned to you by your work, it may be grounds for workers’ compensation.

Suppose your boss told you to pick up something at Staple’s on the way in, and that’s when you were in an accident- doing a specific assignment for work, that’s enough to start building a workers’ comp case.

Do remember that there are situations when both – a workers’ comp case and a third party personal injury case – apply. In these cases, we work with some of the best car accident PA lawyers to maximize each legal matter for the benefit of our mutual client.

Since most workers’ comp cases in Pennsylvania are time-consuming as well as time-sensitive, you can get the best out of a bad situation by reporting your case to one our lawyers at your earliest. The sooner we know, the quicker we can start gathering the facts that will help us provide you a settlement that you deserve.

If you have any questions, please feel free to call or email Cardamone Law at (215) 206-9068 or Michael@CardamoneLaw.com for a free analysis of your case.


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