You do not have to be behind the wheel to have a claim. If you were a passenger in a work vehicle — riding in a company van with a crew, carpooling to a job site at your employer's direction, or riding along as part of your job — and were injured in a crash, you likely have strong claims. In fact, as a passenger you are almost never at fault, which can make your third-party claim especially clear.
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 →
Passengers Are Rarely at Fault
Because a passenger did nothing to cause the crash, the main question is usually which driver was responsible — the driver of your vehicle, another driver, or both. You may have a third-party claim against whichever driver was at fault. And regardless of who caused it, your workers' comp claim covers you because you were injured while working.
What To Do If You Were Hurt as a Work Passenger
- Report the injury to your employer as a work injury promptly.
- Get medical care and note that it happened while working.
- Collect information on all drivers and vehicles involved, plus witnesses.
- Be careful with insurers — don't give recorded statements before getting advice.
- Call us to review your comp and third-party options for free.
Hurt as a Passenger While Working?
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 a passenger in a company van when we crashed. Am I covered?
Yes. If you were riding in a work vehicle as part of your job, you are typically covered by Pennsylvania workers' compensation — and because passengers are rarely at fault, you may also have a clear third-party claim against the at-fault driver.
Can I make a claim against my own coworker who was driving?
Claims involving a coworker driver can be limited by workers' comp rules, but a claim may still exist against another at-fault driver or other responsible party. We can review the specific facts and identify every source of recovery.