What To Do After a Work Car Accident in Pennsylvania

If you're reading this right after an accident, take a breath. Then follow these steps:

Immediate Steps (At the Scene)

1. Check for injuries and call 911 Your health comes first. Even if you feel okay, adrenaline can mask serious injuries. Get checked out.
2. Stay at the scene Leaving the scene of an accident is illegal. Wait for police to arrive and file a report.
3. Document everything Take photos of: vehicle damage, the intersection/road, license plates, insurance cards, and any visible injuries. Get the other driver's info.
4. Get witness information If anyone saw the accident, get their name and phone number. Witness statements can be crucial later.
5. Tell police you were working This is important. Make sure the police report notes that you were on the job when the accident happened.

Within 24-48 Hours

1. 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.
2. 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.
3. 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.
4. Call an attorney Work car accidents are complicated because you may have TWO separate claims. An attorney can explain your options for free.

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

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.