Crash in Drive-Through While Working

Is This Scenario Covered by Workers' Comp?

Workers stopping at drive-throughs during work duties - grabbing coffee, picking up lunch during travel - may be covered if injured.

Workers commonly affected: Traveling workers, sales reps, service workers

You May Have Two Claims

If another driver was at fault, Pennsylvania law allows you to pursue both workers' compensation AND a personal injury lawsuit:

• Workers' Compensation: Medical bills and partial wages - no fault required
• Personal Injury: Full damages including pain and suffering from the at-fault driver

How Your Two Claims Work in Pennsylvania

If you were hurt in a crash in drive while working, Pennsylvania law often gives you two separate paths to recovery at the same time, and using both is usually the only way to be fully compensated.

Workers' compensation comes from your employer's insurance and is no-fault, so it applies even if the crash was partly your fault. It pays 100% of reasonable and necessary medical treatment and roughly two-thirds of your average weekly wage while you cannot work. It does not pay for pain and suffering or the final third of your wages.

A third-party personal injury claim applies when someone other than your employer caused the crash, such as another motorist. That claim recovers what workers' comp leaves on the table, including full wage loss and pain and suffering. Many injured workers never learn they had this second claim until it is too late.

How we work: Attorney Michael Cardamone is a Certified Workers' Compensation Specialist who handles your workers' comp claim directly, and we coordinate with our heavyweight Personal Injury colleagues on any third-party case so the two work together to maximize your total recovery.

Frequently Asked Questions

Can I get workers' comp and also sue the at-fault driver after a crash in drive?

Yes. If you were working when the crash happened and someone else was at fault, Pennsylvania law generally lets you collect workers' compensation through your employer and pursue a separate third-party claim against the at-fault party. Together they recover far more than workers' comp alone.

Does workers' comp cover pain and suffering?

No. Pennsylvania workers' compensation only covers medical bills and roughly two-thirds of lost wages. Pain and suffering can only be recovered through a third-party personal injury claim against the party who caused the crash.

How much does it cost to hire a work injury lawyer?

Nothing upfront. We work on a contingency fee, so there is no fee unless we win your case, and your consultation is always free. Call (215) 206-9068.