Hit by an Uninsured Driver While Working in PA? Your Options

By Attorney Michael Cardamone | Keystone Crash Lawyers

Getting hit by another driver while you're working is bad enough. Discovering that driver has no insurance makes it even worse. But if your accident was work-related in Pennsylvania, you have more protection than you might think.

Good News: Workers' Compensation Still Applies

If your car accident happened while you were working - making deliveries, traveling between job sites, running a work errand, or otherwise performing job duties - your employer's workers' compensation insurance covers you regardless of whether the at-fault driver has insurance.

Workers' compensation will provide:

• All reasonable and necessary medical treatment
• Partial wage replacement (typically 2/3 of your average weekly wage)
• Vocational rehabilitation if needed
• Death benefits for surviving family members in fatal accidents

The Gap: What Workers' Comp Doesn't Cover

While workers' comp provides essential benefits, it has limitations:

• No pain and suffering compensation
• Only partial wage replacement (not full lost wages)
• No compensation for lost enjoyment of life
• No recovery for disfigurement (beyond specific scheduled losses)

Normally, a third-party claim against the at-fault driver would fill these gaps. But what if that driver has no insurance?

Enter Uninsured Motorist (UM) Coverage

This is where uninsured motorist coverage becomes crucial. UM coverage can come from multiple sources:

1. Your employer's commercial auto policy - If you were driving a company vehicle, check if it has UM coverage
2. Your personal auto policy - Your own UM coverage may apply even if you were in a work vehicle
3. A household family member's policy - You may be covered under a relative's policy

UM Coverage Can Provide What Workers' Comp Cannot

A successful uninsured motorist claim can recover:

• Pain and suffering damages
• Full lost wages (the gap between what workers' comp pays and your full salary)
• Future medical expenses
• Loss of life's pleasures
• Disfigurement compensation

The Stacking Question

Pennsylvania allows "stacking" of UM coverage in certain situations. This means you may be able to combine UM limits from multiple vehicles on your policy, potentially multiplying your available coverage. Whether stacking applies depends on your specific policy terms.

Coordination Between Claims

Pursuing both workers' compensation benefits and a UM claim simultaneously requires careful coordination. The workers' comp carrier will likely have subrogation rights against any UM recovery, meaning they can recover some of what they paid from your settlement.

However, with proper handling, you can maximize your total recovery while satisfying all legal obligations.

What About Hit-and-Run Accidents?

If the driver who hit you fled the scene (a hit-and-run), you may still be able to pursue an uninsured motorist claim. Pennsylvania treats hit-and-run accidents similarly to uninsured driver accidents for UM purposes, though there are specific requirements you must meet.

Steps to Protect Yourself

1. Report the accident to your employer immediately - This starts the workers' comp process
2. Call the police - Get an accident report documenting the other driver's lack of insurance
3. Notify your own auto insurance company - Report the accident and potential UM claim
4. Check for other UM coverage sources - Work vehicles, household policies
5. Consult an attorney - These cases involve complex coordination