If you're reading this right after an accident, take a breath. Then follow these steps:
Immediate Steps (At the Scene)
- Check for injuries and call 911 Your health comes first. Even if you feel okay, adrenaline can mask serious injuries. Get checked out.
- Stay at the scene Leaving the scene of an accident is illegal. Wait for police to arrive and file a report.
- Document everything Take photos of: vehicle damage, the intersection/road, license plates, insurance cards, and any visible injuries. Get the other driver's info.
- Get witness information If anyone saw the accident, get their name and phone number. Witness statements can be crucial later.
- Tell police you were working This is important. Make sure the police report notes that you were on the job when the accident happened.
⚠️ Do NOT Say These Things
- "It was my fault" - Even if you think it was, don't admit fault
- "I'm fine" - Injuries can show up days later
- Don't give a recorded statement to ANY insurance company without talking to an attorney first
Within 24-48 Hours
- Report the accident to your employer In Pennsylvania, you must notify your employer of a work injury. Do this in writing (email or text) so you have proof.
- See a doctor Even if you went to the ER, follow up with your own doctor. Document all injuries and mention they happened at work.
- Don't sign anything from insurance companies Both your employer's workers' comp insurer AND the other driver's auto insurer may contact you. Don't sign releases or give recorded statements yet.
- Call an attorney Work car accidents are complicated because you may have TWO separate claims. An attorney can explain your options for free.
"Here's what most people don't realize: if you were in a car accident while working AND another driver was at fault, you likely have TWO separate claims. One is workers' compensation through your employer - and fault doesn't matter for this claim. The other is a personal injury claim against the at-fault driver. Two different pots of money. Two specialists to maximize both."
The Two Claims You May Have
Claim #1: Workers' Compensation
If you were working when the accident happened, you have a workers' comp claim. Period. It doesn't matter if the accident was your fault, the other driver's fault, or nobody's fault. Workers' comp is a no-fault system.
Workers' comp covers:
- Medical bills (100%)
- Lost wages (about 2/3 of your average weekly wage)
- Permanent impairment benefits if you don't fully recover
Claim #2: Third-Party Personal Injury Claim
If another driver caused or contributed to the accident, you may also have a personal injury claim against them. This is separate from workers' comp and can provide additional compensation.
A third-party claim can cover:
- Pain and suffering (not covered by workers' comp)
- Full lost wages (not just 2/3)
- Future earning capacity
- Loss of enjoyment of life
Why You Need Two Specialists
We handle the workers' comp claim directly. For the third-party claim, we work with top-tier Personal Injury colleagues who specialize in car accident cases. Two experts, working together, to maximize your total recovery.
Common Questions After a Work Car Accident
What if the accident was my fault?
You still have a workers' comp claim. Fault doesn't matter in workers' compensation. If you were working when it happened, you're covered.
What if I was using my personal car for work?
You're still covered by workers' comp if you were performing work duties. The type of vehicle doesn't matter - what matters is whether you were working.
What if I was on my way to work (commuting)?
Generally, commuting to and from work is NOT covered. BUT there are exceptions - if you were running a work errand, traveling between job sites, or have a special employment arrangement, you may be covered. Read more about the commute exception.
How long do I have to file?
In Pennsylvania, you have 120 days to report a work injury to your employer, and 3 years to file a workers' comp claim. For the third-party claim, you generally have 2 years. But don't wait - evidence disappears and memories fade.
Just Got in a Work Car Accident?
Call now for a free consultation. We'll explain your options and tell you exactly what to do next.
(215) 206-9068Free consultation. No fee unless we win.
Attorney Michael Cardamone - 27 Years Experience