Plenty of employees use their own cars to get things done for work, making deliveries, visiting clients, or heading out for job-related errands. A common question that comes up is if you’re hurt while driving your own car for work reasons, can you get workers’ compensation? The answer isn’t automatic, but in many situations, the law offers protection.
Ownership of the Car Does NOT Automatically Decide Coverage
It doesn’t matter if you’re using the company fleet or your personal vehicle. The law makes it clear – you may still get workers’ comp if an accident happens, as long as you were really doing a task to help your employer. Using your own car for a work job, such as making a supply run or visiting a site, can still count as job-related use. Vehicle ownership alone won’t cancel out your right to coverage.
Who Pays if You’re Injured?
The way your injury is covered depends on the details of how and why the accident happened. In California, there are often a couple of different ways you can get benefits or compensation after being hurt in a car crash during a work task.
Workers’ Compensation Insurance
If you were driving as part of your job when the accident happened, your employer’s workers’ compensation insurance usually covers you. This includes paying for your medical treatment and some wage replacement if you can’t work. Workers’ compensation is a no-fault system, so it doesn’t matter whether you or someone else caused the crash. As long as you were doing your job at the time, you can typically make a claim.
Third-Party Liability
If the car accident was caused by another driver’s negligence, you may also have a separate personal injury claim against that person (or their insurance). This is known as a third-party claim. In some cases, you may have both a workers’ comp claim and the right to sue the at-fault driver for additional damages, such as pain and suffering that workers’ comp doesn’t cover.
Each approach brings its own process and timeline. Speaking with an experienced attorney helps you avoid missing out on benefits you deserve and makes sure all your rights are protected.
What If You Were Partially At Fault For The Accident?
If you were at fault for the accident, the outcome depends on what type of claim you’re filing.
How Fault Affects Workers’ Compensation Claims
Workers’ compensation is a no-fault system. This means that even if the car accident was your fault while you were working, you can still receive workers’ comp benefits. You don’t have to prove that someone else was responsible, just that the injury happened while you were doing a work task.
How Fault Affects Third-Party Claims
If you’re injured by a negligent third party but you were partially at fault, you might have the right to file a personal injury claim or lawsuit against that person/their insurance company. California follows a rule called pure comparative fault. This means that your damages in a personal injury claim will be reduced by your share of responsibility for the accident.
405. Comparative Fault of Plaintiff
[Name of defendant] claims that [name of plaintiff]’s own negligence contributed to [his/her/nonbinary pronoun] harm. To succeed on this claim, [name of defendant] must prove both of the following:
1. 2. That [name of plaintiff] was negligent; and That [name of plaintiff]’s negligence was a substantial factor in
causing [his/her/nonbinary pronoun] harm.
If [name of defendant] proves the above, [name of plaintiff]’s damages are reduced by your determination of the percentage of [name of plaintiff]’s responsibility.
For example, if it’s decided you were 30% at fault and the other party was 70% at fault, you could collect 70% of your total damages from them.
Making sure you get the appropriate amount of compensation after a work injury is critical, as you may be unable to work for days, weeks, months, or longer. Medical expenses pile up as well. If you have any questions, contact us today to schedule a free consultation with our team of California workers’ compensation and personal injury attorneys.