A hit-and-run feels hopeless — the driver who hurt you is gone, and it seems like there's no one to hold responsible. But if you were working when it happened, you are not out of options. Your workers' compensation claim does not depend on the other driver at all, and there are often additional sources of recovery even when the at-fault driver is never found.
You May Have Two Separate Claims
When someone else causes a crash while you are working, you can often pursue two separate claims at the same time, and they cover different things:
- Workers' compensation — a no-fault claim through your employer's insurance. It covers your medical treatment and about two-thirds of your lost wages, no matter who caused the crash. It does not pay for pain and suffering.
- A third-party personal injury claim — a fault-based claim against the at-fault driver. This is where you can recover pain and suffering, your full wage loss, and other damages the comp system does not pay.
Handled correctly and together, these two claims add up to far more than either one alone. Attorney Michael Cardamone — a Certified Workers' Compensation Specialist — handles the workers' comp claim directly, and coordinates the third-party case with our heavyweight Personal Injury colleagues so one claim never undercuts the other. See how dual claims work →
Recovery When the Driver Fled
Because Pennsylvania workers' comp is no-fault, you are covered whether or not the other driver is ever identified. On top of that, uninsured motorist (UM) coverage — on the work vehicle's policy or sometimes your own — may provide compensation that behaves like a third-party claim, including for pain and suffering. Sorting out which policies apply is where an experienced lawyer helps most.
What To Do After a Hit-and-Run At Work
- Call the police and report it — a police report is important for UM claims.
- Report it to your employer as a work injury right away.
- Write down everything you remember about the vehicle and direction of travel; look for witnesses and cameras.
- Get medical care and note it happened while working.
- Call us to identify every available source of recovery, including UM coverage.
Victim of a Hit-and-Run On the Job?
Talk with Attorney Michael Cardamone, a Certified Workers' Compensation Specialist with 27 years of experience. Free, confidential consultation. No fee unless we win.
(215) 206-9068Frequently Asked Questions
Can I still get workers' comp if the driver who hit me fled the scene?
Yes. Pennsylvania workers' compensation is no-fault and does not depend on identifying the other driver. If you were working when you were hit, your medical care and wage-loss benefits are covered regardless of the hit-and-run.
Is there any way to recover pain and suffering after a hit-and-run?
Sometimes. Uninsured motorist (UM) coverage on the work vehicle or your own policy can provide compensation similar to a third-party claim, including pain and suffering. We review all available policies to find every source of recovery.