I was in a car accident on the way work. Do I file a workers’ compensation claim or a personal injury accident claim?
Typically, if you were injured on the job and were on the way to another worksite, the usual remedy would be to file for workers’ compensation. However, the question then becomes whether you should file a workers’ compensation claim or are you able to sue someone else. Even if you were going from one job site to another, the road there is part of the work environment, provided the worker is on company time.
In many instances, an injured worker could file two lawsuits, a personal injury lawsuit against the person who caused the wreck and a workers’ compensation claim since the wreck occurred on-the-job. In that instance, the worker would be obligated to reimburse the workers’ compensation insurance company for the worker’s compensation benefits the company pays.
In Texas, some employers do not have workers’ compensation and if a worker had an accident on the way to another work location, on the company clock, the only option open to the employee would be to file a personal injury lawsuit. If the employer has workers’ compensation insurance, the accident victim cannot sue the employer. They must file a workers’ compensation claim and/or sue the driver who caused the wreck.
If you have been in an accident with a third party, you may be able to sue the person responsible/liable for the crash via a personal injury lawsuit. This would likely increase your compensation (compared to a workers’ compensation claim).
You may also be able to file a personal injury lawsuit against a third-party for injuries if you were filing a defective product lawsuit involving the vehicle’s manufacturer or the maker of a defective part – such as a defective tire or airbags.
In Texas, the law allows an accident victim to file a claim within two years of the accident. However, each claim is different and there may be exceptions depending on the facts of your case.
In a personal injury lawsuit, in Texas, you can claim the following damages:
- Actual medical costs
- Future medical expenses
- Pain and suffering
- Future pain and suffering
- Mental anguish
- Lost wages
- Loss of earning capacity
- Disfigurement
- Physical impairment
When in doubt about how you can proceed to seek compensation for injuries sustained while in the workplace where the employer does not have workers’ compensation, reach out to our office, and discuss your case.
Other Workplace Injury FAQs:
- A co-worker told me that I could get some help from an Ombudsman. What does that person do and where would I get help?
- A colleague of mine said any information I might provide regarding a workers’ compensation claim would be available for anyone to see. Is that correct?
- A friend of mine was killed when a trench collapsed. Are those kinds of accidents common?
- Am I entitled to any other forms of payment if I file a personal injury lawsuit for injuries sustained on the job?
- Are partial days lost counted in the total number of days lost from work due to an injury for which injured persons may be compensated?
- Are workers’ compensation benefits taxed?
- Can I file a personal injury claim and a workers’ compensation claim?
- Can my employer fire me if I have been hurt while on-the-job?
- Do all work injuries on the job have to be reported? I injured myself at work and never formally reported the injury, but my supervisor knows about it.
- Do rates of compensation vary? How are they figured out?
- Does OSHA work with all workers?
- I am going to have to file a dispute with regard to my Workers’ Compensation claim. What is involved in that process?
- I am supposed to see a designated doctor for an examination. Do I have to go?
- I am worried about any of my private information getting out or being shared around to other agencies. Is the material in my claim file confidential?
- I fell at work because of a poorly constructed scaffold. My co-workers said I need to speak to an attorney. Do I need a lawyer?
- I fell from scaffolding while I was on a jobsite? Is my employer liable?
- I got hurt while on the job today. What types of work related injuries are covered?
- I have been off work for several months due to an injury, but am recovering well. I think I am ready to go back to work, but I have not been cleared to go back yet. What are my options?
- I have some serious concerns about the safety in my workplace. Can I report this somewhere?
- I was hurt on the job by a third-party. What does that mean for my workers’ compensation claim?
- I was hurt on-the-job and want to know what kind of work-related injures are covered if I am able to file a personal injury lawsuit?
- I was hurt on-the-job. Should I file a personal injury claim or a workers’ compensation claim?
- I was in a car accident on the way work. Do I file a workers’ compensation claim or a personal injury accident claim?
- I was told that if I take time off to go to the doctor or physiotherapist or to attend another therapeutic session for recovery, it counts as lost time. Is that correct?
- I work for a large Texas construction company and there are several workplace issues that should be reported. Is that something I can do?
- If I am eligible to seek compensation from the court in the form of a lawsuit, what compensation may I receive for my injuries?
- If I am injured on the job, who pays for prescriptions?
- If I do get workers’ compensation benefits, are they taxed?
- If I have been injured while at work, am I allowed to see my own doctor?
- In terms of compensation for an injury on-the-job, which is the best route to pursue, a workers’ compensation claim or a personal injury claim?
- In Texas, when is a workplace injury not covered by a workers’ compensation policy?
- Is it a problem if my employer does not offer workers’ compensation?
- Is the Texas company that I work for required to carry workers’ compensation?
- Is there a defined period of time in which I must report a workplace injury to my employer?
- Is workers’ compensation my only recourse for an injury sustained at the workplace?
- My colleague was injured at work. Is he required to report the accident?
- My doctor told me I have developed seriously inflamed lungs leading to a pre-cancerous condition as a result of working with hazardous chemicals on my jobsite. Can I file a personal injury lawsuit against my employer?
- My employer and I do not see eye-to-eye on my workers’ compensation benefits. What are my options to move forward?
- My employer does not have workers’ compensation. I was injured at work. What should I do?
- My employer does not have workers’ compensation insurance. What does that mean for me?
- My husband fell from the scaffolding at this workplace and sustained serious head injuries that subsequently killed him. Does workers’ compensation apply to me?
- My insurance provider denied my claim. What do I do now?
- Should I be concerned about safety at work?
- The company I work for does not offer workers’ compensation coverage. I fell at work and was severely injured. What options do I have?
- What are employers responsible for if OSHA can impact them?
- What are some of the common causes of accidents on a construction site?
- What are the most cited standards in the workplace?
- What do common injury costs include?
- What do I do if I have been injured on the job?
- What happens to an accident claim if my employer does not have workers’ compensation?
- What is counted in figuring out whether or not a worker has lost more than one day of work due to an on-the-job injury? Is the date of injury counted?
- What is OSHA, and how does it affect job safety?
- What rights do I have as a worker?
- What types of injuries are covered under workers’ compensation in Texas?
- What types of workplace injuries are covered under workers’ compensation?
- What would I likely get for my injuries on the job?