Getting rear-ended while you were working — stopped at a light in a company vehicle, making a delivery, or driving between job sites — is one of the most common work-related crashes we see. Rear-end collisions cause whiplash, herniated discs, and concussions that can keep you off the job for weeks or months. The good news: because you were working and someone else hit you, you likely have more than one way to recover.
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 →
Rear-End Crashes and Fault
In most rear-end collisions, the driver in back is presumed at fault for following too closely or not stopping in time. That makes the third-party claim against them relatively straightforward — but remember, fault does not matter for your workers' comp claim. Even in the rare case where fault is disputed, your comp benefits are not.
What To Do If You Were Rear-Ended At Work
- Report it to your employer as a work injury — in Pennsylvania you have 120 days, but do it right away.
- Get medical care and tell the provider it happened while working. Whiplash and disc injuries often worsen over the first days.
- Document the scene — the other driver's info, photos, and the police report.
- Don't give a recorded statement to the other driver's insurer before talking to a lawyer.
- Call us for a free review of both your comp and third-party options.
Rear-Ended On the Job? Let's Talk.
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
I was rear-ended in a company vehicle. Can I get workers' comp?
Yes. If you were driving for work when you were rear-ended, you are typically covered by Pennsylvania workers' compensation regardless of who was at fault — covering your medical care and a portion of lost wages.
Can I sue the driver who rear-ended me if I'm already getting workers' comp?
Often yes. Workers' comp is against your employer's insurance; a third-party claim is against the at-fault driver. When another driver caused the crash, you can usually pursue both, and the third-party case is where pain and suffering is recovered.