What If I Was Driving for Work When the Car Accident Happened?
If you were driving for work when an accident occurred, the situation can be more complicated than a typical car accident. Understanding your options and potential coverage sources is critical to protecting your rights and maximizing your recovery.
1. Can You File Both a Workers’ Compensation Claim and a Personal Injury Claim?
In Texas, you may sometimes be able to pursue both a workers’ compensation claim and a personal injury claim against the at-fault driver.
Workers’ Compensation Claim – Covers past medical bills and lost wages, and is a no-fault system. Even if there’s some question about your role in the accident, your expenses may still be covered.
Personal Injury Claim – Covers a broader range of damages, including pain and suffering, mental anguish, property damage, and future medical costs.
Important: Any compensation for medical bills or lost wages that overlaps with workers’ comp may need to be repaid due to subrogation rules. You cannot double dip for the same losses.
2. Pros and Cons of Workers’ Compensation
Pros:
Guaranteed coverage for medical bills and lost wages – No need to prove fault.
Certain peace of mind – You know some of your costs will be covered even if the other driver disputes fault.
Cons:
Limited damages – Workers’ comp does not cover pain and suffering, mental anguish, or property damage.
Restricted doctors – You may be required to see workers’ comp-approved doctors instead of specialists who understand accident-related injuries.
3. Pros and Cons of an Insurance Claim Against the Other Driver
Pros:
Full range of damages – Pain and suffering, mental anguish, physical impairment, property damage, and future medical costs may all be recoverable.
Choice of medical providers – You can see specialists who can properly document your injuries for your claim.
Cons:
Must prove fault – You need to show the other driver caused the accident.
Subrogation may apply – If you already received workers’ comp benefits, overlapping amounts may need to be repaid.
4. What Happens If Your Personal Policy Might Not Cover the Accident?
If you were driving for work (like delivering for DoorDash, Uber, or any employer), your personal auto insurance may not apply.
Many personal policies exclude accidents that occur during work-related driving.
If the at-fault driver is uninsured, your personal uninsured motorist coverage might not apply either.
In these cases, workers’ comp could cover your injuries.
However, if the at-fault driver does have insurance, it may be better to pursue them, as you could recover full compensation, including damages workers’ comp does not cover.
5. How to Decide
Choosing the right path depends on:
Whether your personal policy covers work-related driving.
The liability of the other driver.
The types of damages you want to recover.
An experienced personal injury attorney can evaluate your situation, help you determine which claims to file, and maximize your total recovery while avoiding issues with subrogation or insurance exclusions.
Bottom Line
Driving for work at the time of an accident complicates coverage and recovery. While workers’ compensation can cover medical bills and lost wages, pursuing a personal injury claim against the at-fault driver may allow you to recover full damages, including pain and suffering. Consulting an attorney early ensures you use all available avenues and don’t leave money on the table.
