You’re driving a company vehicle down the 405 when a distracted driver rear-ends you. You’re shaken, sore, and suddenly facing questions you didn’t expect: about insurance, medical care, and whether your job will be affected. Who pays for what if you were in a car accident at work? Can you sue? Or is workers’ compensation your only option?
If you’ve been injured in a car accident while driving for work in California, you’re not alone, and it’s essential to understand your legal rights. This post will walk you through how employment-related car accidents are handled, who may be responsible, and how an attorney can help you protect your financial future.
When Is a Car Accident Considered Work-Related?
Not every accident during your workday qualifies as a work-related car accident under California law. Generally, if you were driving as part of your job duties, the incident could fall within the scope of employment.
Examples include:
- Making deliveries or transporting goods,
- Driving between job sites during your shift,
- Traveling to a client meeting (not just commuting),
- Operating a company vehicle while performing assigned tasks, and
- Transporting coworkers or equipment at the direction of your employer.
However, accidents that occur during your regular commute or while running personal errands typically don’t count. The distinction can be nuanced and fact-specific.
Work-Related Car Accidents: Who Is Responsible?
Liability for work-related car accidents depends on the situation. California recognizes a legal doctrine called vicarious liability, which may hold employers liable for employee conduct within the scope of their job duties.
That means your employer may be financially responsible if:
- You were performing a job-related task when the accident occurred,
- You were using a company vehicle, and
- You were not engaged in illegal or personal activity.
The employer may also be responsible for your injuries if you were struck by a commercial driver who was on the job. However, if an employee was acting outside the scope of their employment, such as by driving drunk or running personal errands, the employer may not be responsible.
Is an Employer Liable for an Employee’s Car Accident?
Employers may be held responsible for their employees’ actions if they occurred during employment. However, if an employee strays from their responsibilities or engages in reckless behavior, the employer may not be held liable.
For example, an employee who rear-ends another car while delivering materials as part of their job might trigger employer liability. However, an employee who takes a personal detour while on a work trip and causes a crash likely won’t.
California’s courts consider factors like intent, timing, and whether the employer benefited from the activity.
What Should I Do After a Work-Related Car Accident?
If you were involved in a car accident while driving for work, take these steps:
- Report the accident immediately. Notify both your employer and, if applicable, the police.
- Document everything. Take photos, gather witness names, and write down what happened.
- Seek medical care. Even if injuries seem minor, medical records are critical for claims.
- File a workers’ compensation claim. Your employer must provide the claim form (DWC-1) within one working day.
- Consult a personal injury attorney. You may be entitled to more than just workers’ comp benefits if another driver or company contributed to the crash.
Quick action helps protect your physical well-being and preserve your right to recover full compensation.
Can I File a Workers’ Compensation Claim?
California law generally entitles you to workers’ compensation benefits if the accident qualifies as work-related.
Compensation typically includes:
- Medical treatment costs related to the injury;
- Temporary disability payments while you recover;
- Permanent disability compensation, if applicable; and
- Mileage reimbursement for medical appointments.
You do not need to prove fault to receive workers’ compensation. Even if you caused the accident while working, you’re still typically covered. The California Department of Industrial Relations confirms that workers injured on the job are eligible for benefits regardless of who is at fault.
Can I Also File a Personal Injury Lawsuit?
Workers’ compensation limits your ability to sue your employer, but not necessarily other parties. If someone else caused the accident, such as another driver, a vehicle manufacturer, or a negligent third party, you may have a personal injury claim in addition to your workers’ comp benefits.
A third-party personal injury claim can cover:
- Pain and suffering (not available through workers’ comp),
- Emotional distress,
- Property damage, and
- Lost earning capacity.
The timelines and procedures are different, and acting quickly is critical. Speak with an attorney to determine your eligibility for either claim.
What Happens If You Get Hit by a Car While Working?
Getting struck by a vehicle while performing your job, such as crossing a construction site or assisting with traffic in a delivery zone, is typically considered an employment-related injury. In this situation, you may be eligible to file workers’ compensation and personal injury claims.
Pursuing both claims can be legally complex. For example, your workers’ comp insurer might have a right to reimbursement from any personal injury settlement or judgment you receive. An attorney can help you avoid costly mistakes and maximize your recovery under both systems.
How The Beliz Law Firm Helps Work-Related Accident Clients
Work-related crashes aren’t just traffic accidents. They’re legal puzzles. At The Beliz Law Firm, we help injured workers in California understand their options and pursue every available path to recovery. Founded by Michael A. Beliz, Esq., our firm brings nearly two decades of experience in personal injury and workers’ compensation strategy.
We’ve recovered millions for injured workers throughout Southern California and have successfully litigated claims against large delivery companies and rideshare platforms. We’re bilingual, responsive, and genuinely care about our clients’ futures.
Whether you need help dealing with your employer’s insurance carrier or want to hold a negligent driver accountable, we can guide you through the process and fight for what’s fair.
Protect Your Health and Your Legal Rights
You’re working hard to do your job. When an accident interrupts your ability to work and live, you deserve clear answers, not red tape.
If you’ve been in a car accident at work, you may be eligible for more compensation than your employer or insurer offers upfront. Don’t leave money or benefits on the table. Let The Beliz Law Firm evaluate your situation, explain your options, and help you move forward.
Resources
- California Labor Code Section 3600, link.
- California Department of Industrial Relations. Workers’ Compensation Frequently Asked Questions for Injured Workers, link
- California Civil Code Section 2338 (Vicarious Liability), link
- California Department of Insurance. What to Do After an Accident, link
- California Code of Regulations. Title 8, Section 14300.5 – Work Environment Definitions, link
- California Department of Insurance. Workers’ Compensation Insurance in California, link
Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.
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