Workers’ Comp for Motor Vehicle Accidents in Pennsylvania

March 6, 2024

Are You Eligible?

One extremely common source of workplace injury is motor vehicle accidents (MVA). However, whether you’ll be eligible for workers’ compensation coverage for an injury sustained in a wreck depends on several factors, primarily whether you were performing work duties at the time of the accident. Determining whether you were within the course and scope of your employment when you were injured is a complex analysis. As a result, it is a good idea to contact an experienced workers’ compensation attorney if you have any questions about whether your work-related injury makes you eligible for workers’ compensation.  

There are some common scenarios which will render you eligible for workers’ compensation. For instance, you are likely to be entitled to benefits if you were injured while driving a company vehicle for a work-related task, transporting a fellow employee, or driving to a work activity. Driving a company vehicle is a relatively clear-cut case; however, it is also possible for you to be eligible for benefits if you were driving a personal vehicle at the time of the accident. If you were driving your personal vehicle as a regular part of your job duties or running a work-related errand, like picking up food or coffees for your office, you can qualify for workers’ compensation

Scenarios That Will Likely Make You Ineligible 

On the flip side, certain activities can render you ineligible for workers’ compensation. Generally, if you were doing something illegal when the accident occurred or were involved in a wreck during your daily commute to or from your office, any resulting injuries are likely not covered by workers’ compensation. However, it is important to consult an attorney if you think this may come up in your case, as there may be ways to address some of these issues.

What if I Don’t Have a Fixed Place of Work?

Depending on the specifics of your job, you may be entitled to workers’ compensation if you are injured while traveling to or from work. This may occur if you have no fixed place of work. For example, if you are a mobile service provider who uses a company vehicle to complete work in a variety of locations, or if you are a work-from-home employee who comes into the office occasionally, you may be eligible for workers’ compensation if you are injured while driving to or from work.

What to Do if You Get into a Motor Vehicle Accident on the Job

Car accidents can be chaotic and disastrous, making it essential to be prepared if you’re involved in one. First, be sure to attend to any urgent medical needs. Call 911 if the accident was serious and be sure to get a copy of the accident report as evidence. Document the scene by taking photos and get the information of any other drivers involved in the accident, as well as eyewitnesses. Once you are somewhere safe, notify your employer as soon as possible that you have been involved in an accident on the job and tell them about any injuries you may have incurred or any pain you are experiencing. Ask your employer for a list of company doctors and see one within ninety days of the accident.  

It is important to note that there is a 120-day deadline for filing a claim for workers’ compensation for work-related car accidents. You should report your accident to your employer and consult a workers’ compensation attorney as soon as possible to ensure you get the maximum benefits to which you are entitled. Additionally, an attorney can advise you on whether you can file a third-party claim against any other parties involved in the accident. While workers’ compensation is the sole avenue of relief against your employer, it does not preclude you from filing a third-party claim against, for instance, another driver involved in the wreck. Regardless of whether you may want to pursue a third-party claim, it is important that you consult an attorney to get the process started and get advice on what types of relief you can seek. 

Throughout the entire process, we’re here to help you.  Call Stern & Cohen at (215) 999-1443 or fill out a contact form below to get in contact with a Pennsylvania Workers’ Compensation Attorney.