Your Office is the Pennsylvania Turnpike
Got a call from a medical device rep last fall. She covers hospitals from Philly to Reading to Allentown - puts about 35,000 miles a year on her Accord. Some guy blew through a stop sign in Whitehall Township, totaled her car, left her with a herniated disc and a fractured wrist.
First thing her company told her: "File with your car insurance." Second thing: "Use your PTO for the recovery time."
That's when she called me. And here's what I told her - the same thing I'll tell you: you're not just some employee who happened to get in a car accident. You're a traveling employee. Pennsylvania law treats you differently, and it's usually in your favor.
The Traveling Employee Exception
Most employees aren't covered by workers' comp during their commute. That's the "going and coming rule" - your drive to and from the office is on your own time.
But outside sales reps often qualify for the traveling employee exception. If travel is an essential part of your job - not just getting to one workplace, but moving between locations throughout the day - you're potentially covered from the moment you leave your driveway until you get home.
Bottom line: That medical device rep from Whitehall Township? Workers' comp covered her medical bills and paid wage loss while she recovered. PLUS she had a third-party claim against the guy who ran the stop sign. Two separate pots of money. Her employer's HR department had no idea what they were talking about.
Common Scenarios for Outside Sales Reps
Driving Between Client Visits
You finish a meeting at a hospital in King of Prussia, head to your next call in Conshohocken. Someone rear-ends you on 76 in that mess near Gulph Mills. Clear-cut workers' comp claim - you were literally doing your job. Plus a third-party claim against whoever hit you. I see this scenario constantly.
First Visit of the Day
This is where it gets interesting. If you go to an office first and THEN head out to see clients, the drive from your home to the office probably isn't covered. But if you work from home and travel directly to client sites? Your workday - and your coverage - likely starts when you pull out of your driveway.
Trade Shows and Conferences
Traveling to a trade show in Pittsburgh? Driving to a company meeting in New Jersey? Work travel is covered. If you're injured on the road while traveling for your employer, it's a work injury.
The "Personal Deviation" Problem
Here's where claims can get complicated. You're heading to a client meeting but stop for lunch at a restaurant that's out of your way. You get hit in the parking lot. Is that covered? Maybe, maybe not - it depends on how far you deviated from your work route and for how long. Short breaks generally don't break coverage. Major detours might.
Using Your Personal Car for Work
A lot of sales reps use their own vehicles and get a car allowance or mileage reimbursement. Does this affect your workers' comp coverage?
Short answer: No. Workers' comp covers your injuries regardless of whose car you're in. You're covered in a company car, a rental, or your personal vehicle - as long as you're on work business.
But here's the catch with vehicle damage: Workers' comp covers your body, not your car. If your personal vehicle gets totaled in a work accident, you're typically looking at your own auto insurance for the vehicle damage. Some employers will reimburse you or their commercial policy will cover it - but don't assume. Know your employer's policy before you need it.
The Dual Claim Advantage
When another driver causes your accident while you're working, you're in a fortunate legal position (as fortunate as you can be after getting injured, anyway). You have two separate claims:
- Workers' Compensation: Pays your medical bills and a portion of your lost wages, regardless of fault. No need to prove the other driver was negligent - you just need to prove you were working.
- Third-Party Personal Injury: A claim against the at-fault driver for full damages - including pain and suffering, full lost wages, loss of earning capacity, and other damages workers' comp doesn't cover.
For sales reps with high incomes, this matters. Workers' comp only pays about two-thirds of your average weekly wage, and there's a cap. If you're making good money in sales commissions, workers' comp alone won't replace your full income. The third-party claim fills that gap and more.
Outside Sales Rep Injured on the Road?
Your situation is different from a typical car accident. Let's talk about the traveling employee exception and your dual claim options.
Call (215) 206-9068Industries Where I See These Cases
Territory-based driving jobs are everywhere. Some of the industries I commonly handle:
- Pharmaceutical sales - covering territories across multiple counties
- Medical device sales - often also present during surgeries
- Food and beverage distribution - route drivers and sales reps
- Insurance sales - meeting clients at their homes and businesses
- Real estate - driving to showings and inspections
- HVAC and trade services - technicians who travel to job sites
- Financial services - advisors who meet clients at their locations
Proving You Were "Working"
Insurance companies sometimes try to argue that you weren't actually working when the accident happened. Having documentation helps:
- Your calendar showing scheduled client visits
- GPS records from your phone or car
- Emails or texts about the meetings you were traveling to/from
- CRM entries showing client activities
- Expense reports showing mileage for that day
Don't delete anything. All of this can help prove your injury was work-related.
What to Do After the Accident
- Get medical treatment - Document your injuries from day one
- Report to your employer - Notify HR and your manager in writing
- Document your schedule - Save proof of where you were going and why
- Get the other driver's info - This is critical for your third-party claim
- Take photos - Scene, vehicles, your injuries
- Don't give recorded statements - Not to your employer's insurance, not to the other driver's insurance - not without legal advice
- Call an attorney who handles work-related car accidents
Frequently Asked Questions
Yes. Sales representatives who travel as part of their job duties are covered by workers' comp when they're injured in car accidents during work travel. This includes driving between client visits, to trade shows, or any travel your job requires.
Using your personal vehicle doesn't affect your workers' comp coverage. If you're injured while driving for work purposes, you're covered regardless of whose car you're in. However, vehicle damage claims work differently - your personal auto insurance typically covers your car.
Absolutely. If another driver caused your accident, you can file a third-party personal injury lawsuit against them in addition to your workers' comp claim. This lets you recover damages that workers' comp doesn't cover, like pain and suffering.
This depends on your situation. If you go to an office first, the commute usually isn't covered. But if you travel directly from home to client sites without reporting to an office, your travel may be covered from the moment you leave your driveway.
Free Case Review
Every territory driver's situation is different. Tell me what happened, and I'll give you an honest assessment of your options.
(215) 206-9068