In a typical car accident, after a careless driver hits you, you would file a claim against their insurance company and wait. But the rules are different when the crash happens while you are working. If you’re injured in an on-the-job car accident in Alabama, the law gives you multiple options to recover your losses.
If you’ve ever wondered, “What happens if I get hit by a car while I’m at work in Alabama?” or “When does workers’ compensation apply?” this guide explains what counts as a work-related accident, what benefits may be available, and how an Alabama personal injury attorney can help protect your rights.
What Counts as a Work-Related Car Accident?
Generally, an accident is work-related if it happens during the normal course of your job duties. This can include:
- Driving between job sites
- Making deliveries
- Traveling to meet clients or potential clients
- Running errands for your employer
You do not have to be driving a company vehicle. If your boss tells you to use your personal car to pick up supplies for a meeting, the trip is likely work-related.
However, not every accident that happens during the workday qualifies. Alabama law generally does not consider your commute to and from work as job-related. Other activities that are usually not covered include:
- Running personal errands during work hours
- Using a company vehicle while off duty
- Driving in violation of company policy (such as driving under the influence)
These situations can become complicated quickly. An Alabama accident injury attorney can help determine whether your crash qualifies as an on-the-job accident.
Where Should I Start If I’m Hurt While Driving on the Job?
If you are injured in a work-related car accident, your first step is usually filing a workers’ compensation claim.
What Is Workers’ Compensation?
Workers’ compensation, often called workers’ comp, is a type of insurance most employers must carry. In Alabama, businesses with five or more employees are required to have workers’ compensation coverage.
Workers’ comp is a no-fault system, meaning you do not have to prove someone else caused your injury. You can file a claim even if there were no witnesses or even if you were partly at fault.
This is important because Alabama follows a strict rule called contributory negligence in personal injury cases. Under that rule, if you are even one percent at fault, you may be barred from recovering damages in a negligence claim. Workers’ comp, however, focuses on whether the injury was work-related, not who caused it.
When Do I File a Workers’ Comp Claim?
You must notify your employer within five (5) days of the accident. It is best to do this in writing.
After you report the injury, your employer must file a First Report of Injury (WCC Form 2) with the Alabama Workers’ Compensation Division (AWCD) and their insurance carrier within 15 days.
Although you technically have up to two years to file a formal workers’ comp claim, you should not wait, especially if you are unable to work. These benefits are designed to help stabilize you financially after an injury.
If your employer refuses to file the paperwork or your claim is denied, you still have rights. You may be able to challenge the denial in court. An experienced Alabama injury attorney can guide you through that process.
What Benefits Does Workers’ Comp Provide?
Workers’ comp offers several important benefits after an on-the-job car accident:
Medical Care
Once your claim is approved, your employer (through its insurer) is responsible for your medical bills related to the injury. This responsibility can last as long as treatment is medically necessary.
Wage Replacement
If you cannot work, workers’ comp pays two-thirds (66.67%) of your average weekly wage. This is known as temporary total disability.
Your average wage is typically calculated using your earnings over the previous 52 weeks, as shown on your W-2. If you have not worked there that long, a similarly situated employee’s earnings may be used.
Disability Benefits
If your injuries result in permanent impairment:
- Permanent Partial Disability (PPD): You may receive a percentage of your average weekly wage for up to 300 weeks.
- Permanent Total Disability (PTD): If you cannot return to any type of work, you may receive two-thirds of your average weekly wage for life.
Can I Choose My Own Doctor?
Generally, your employer selects the treating physician. That is part of the tradeoff for having medical care covered.
However, if you are dissatisfied with the authorized doctor, you may request a panel of four new physicians from your employer and choose a replacement from that list.
Are There Times When Workers’ Comp Does Not Apply?
Most employees qualify, but exceptions include:
- Small companies: Employers with fewer than five employees are not required to carry workers’ comp insurance.
- Independent contractors: Workers’ comp typically covers employees, not contractors. (Employees usually receive W-2s; contractors receive 1099s.)
- Non-work-related accidents: The injury must occur while performing job duties.
Classification disputes and coverage questions can be complex. A lawyer can help determine whether you qualify.
Can I File a Personal Injury Claim Too?
Yes. In many cases, you can pursue both workers’ compensation and a personal injury claim at the same time.
When you sue the driver who hit you, that is called a third-party personal injury claim because the at-fault driver is not part of the workers’ comp system.
- Workers’ comp does not require proof of fault. Personal injury claims do.
- Workers’ comp pays 66.67% of lost wages; personal injury claims can recover full past and future wage losses.
- Personal injury claims offer damages for pain and suffering and other non-economic damages. Workers’ comp does not.
If you prove the other driver was negligent, for example, texting while driving or running a red light, you may recover compensation for medical bills, lost income, and other losses. You may also pursue damages for pain and suffering, loss of consortium, and other non-economic harm. You can learn more about available compensation in Alabama in this guide to types of damages.
If you recover money in a third-party case, you may have to reimburse the workers’ compensation carrier for benefits already paid. This is called subrogation. An experienced Birmingham car accident lawyer can coordinate both claims and help protect your recovery.
Injured in a Car Accident While Working in Alabama?
If you or a loved one has been hurt in a work-related car accident, you have legal options. Collins Law, LLC helps injured workers pursue both workers’ compensation and personal injury claims throughout Alabama.
To schedule a free consultation, call 205-588-1411 or fill out our online form. We also serve individuals looking for a car accident lawyer in Alabama, Birmingham, and surrounding communities.
