Frequently Asked Questions

Yes. If you're injured in a car accident while performing work duties in Pennsylvania, you're covered by workers' compensation. This includes delivery drivers, sales reps, healthcare workers traveling to patients, and anyone else driving as part of their job.

Pennsylvania workers' comp provides: 100% medical coverage for your injury, wage loss benefits (about 2/3 of your average weekly wage), specific loss benefits for permanent injuries, and death benefits for surviving family members.

Pennsylvania workers' comp is a no-fault system. You're still covered even if you caused the accident. The only exceptions are intentional self-harm or being under the influence of drugs or alcohol.

In Pennsylvania, you must notify your employer within 120 days of the injury. You have 3 years from the date of injury to file a claim petition. However, you should report the injury and file as soon as possible.

No. Pennsylvania law prohibits employers from firing, demoting, or retaliating against employees for filing workers' comp claims. If this happens, you may have additional legal remedies.

Yes. You can file a workers' comp claim AND sue the at-fault driver. This is called a dual claim or third-party claim. Workers' comp covers your medical bills and partial wages, while the lawsuit can recover pain and suffering, full lost wages, and other damages.

A third-party claim is a lawsuit against someone other than your employer who caused your injury. In work car accidents, this is usually the at-fault driver. Third-party claims can recover damages that workers' comp doesn't cover, like pain and suffering.

For workers' comp, fault doesn't matter - you're covered regardless. For a third-party lawsuit, Pennsylvania follows comparative negligence: your recovery is reduced by your percentage of fault. If you're 20% at fault, you recover 80% of damages.

You'll still get workers' comp benefits from your employer. For the third-party claim, you may be able to recover from your own uninsured/underinsured motorist coverage. An attorney can help identify all available sources of compensation.

Generally no. The "coming and going" rule excludes regular commutes. However, exceptions exist: if you were on a special errand, traveling between job sites, or your employer provides transportation. Accidents during work travel (not commuting) are covered.

You're still covered by workers' comp if you were performing work duties, even in your personal vehicle. Your personal auto insurance may also apply. If another driver was at fault, you can pursue a third-party claim against them.

Yes. Driving a company car for work purposes is covered by workers' comp. Whether you were making deliveries, traveling to a meeting, or going between job sites, you're covered if injured while performing work duties.

Parking lot accidents can be covered if the lot is owned or controlled by your employer, or if you were performing work duties at the time. These cases depend on the specific facts - where you were, what you were doing, and who controls the lot.

Gig workers are typically classified as independent contractors, which means no traditional workers' comp. However, you can sue at-fault drivers directly, and the gig company may have some coverage. You may also be able to challenge your classification.

Workers' compensation pays 100% of your medical bills related to the work injury. You should not have to pay deductibles or copays for work-related treatment. If another driver was at fault, their insurance may also be involved.

For the first 90 days, you may need to use a doctor from your employer's approved list if they have one. After 90 days, or if there's no list, you can choose your own physician. Emergency treatment is always your choice.

Most work injury attorneys work on contingency, meaning you pay nothing upfront. The attorney fee is a percentage of your recovery, and you owe nothing if you don't win. Consultations are typically free.

Workers' comp benefits should start within 21 days of reporting. A third-party lawsuit typically takes 1-2 years, sometimes longer if it goes to trial. Many cases settle out of court, which can be faster.

While not required, an attorney significantly helps in most cases - especially if you have a third-party claim against another driver. Insurance companies often undervalue claims. An attorney ensures you get full compensation and handles all the paperwork.

Employers and insurance companies sometimes wrongly deny claims. If your employer says you're not covered, contact an attorney immediately. You may have a valid claim they're trying to avoid paying.