Car accidents are one of the leading causes of serious work-related injuries in Texas. Delivery drivers, sales representatives, contractors, healthcare workers, and employees traveling between job sites face daily exposure to roadway risks.
After a crash, many injured workers assume the claim will be handled automatically through workers’ compensation. That assumption can be costly. When another driver causes the collision, the first 72 hours matter. Early decisions can determine whether an injured worker preserves both workers’ compensation benefits and a separate personal injury claim.
A car accident may be considered work-related when it occurs during the course of your ordinary job duties, including:
- Driving between job sites or client locations
- Making deliveries or service calls
- Running errands at an employer’s direction
- Operating a company vehicle
- Using a personal vehicle for work purposes
Injuries suffered during your commute to or from work are generally not covered by workers’ compensation, though there may be exceptions if you deviated from your normal route to engage in any work-related activity (such as picking up donuts or stopping at the post office).
Work-related auto accidents sit at the intersection of two legal systems–personal injury law and workers’ compensation. In some instances, you may be limited to the benefits available through a work comp claim, but in other circumstances, you may be able to file a third-party claim in civil court.
The moments immediately following a work-related motor vehicle accident set the foundation for any claim. Here’s what you need to do:
- Call 911 and ensure a police report is created.
- Seek medical attention, even if symptoms seem minor.
- Identify whether another driver caused the crash.
- Photograph vehicles, road conditions, and visible injuries.
- Gather witness names and contact information.
Hours 24–48: Reporting and Protecting Your Employment Rights
Once you’ve received the medical treatment you need, you want to take steps to protect your legal rights:
- Notify your employer according to company policy.
- Clearly document that you were driving for work purposes.
- Preserve trip logs, dispatch records, or delivery instructions.
Be advised that you may be contacted by insurance company employees in the immediate aftermath of a work-related car accident. If possible, kindly decline to talk with them. Always avoid speculation about fault in any written or verbal statements.
Hours 48–72: Evaluating Workers’ Comp vs. Personal Injury Claims
By this stage, the focus shifts to your claim strategy. Workers’ compensation may cover medical treatment and a portion of lost wages, regardless of fault. However, it won’t compensate you for pain and suffering, for loss of companionship or consortium, or for loss of enjoyment of life.
If another driver caused the crash, a third-party personal injury claim may exist alongside a workers’ compensation claim. These claims can often proceed simultaneously, but they must be coordinated carefully.
Workers’ Compensation vs. Personal Injury: Key Differences in Texas
Workers’ compensation provides limited benefits but faster access to medical care. Personal injury claims allow recovery for broader damages, including pain and suffering, but require proof of fault and take much longer to resolve.
Texas law may require that certain insurers be paid back if they cover treatment or benefits and you later recover money from the person who caused the injury. These repayment rights can lower your net recovery and slow down settlement if they’re not handled early, which is why coordination from the beginning matters.
Liability may rest with:
- Negligent third-party drivers
- Employers who own or maintain vehicles
- Contractors or vendors involved in the collision
- Government entities, in limited circumstances
Why Early Legal Guidance Matters in the First 72 Hours
Evidence disappears quickly. Insurance strategies take shape early. Without guidance, injured workers may unknowingly waive rights or limit recovery. Early legal review helps protect both income and long-term health.
The workers’ compensation attorney at Bailey & Galyen coordinates workers’ compensation benefits with third-party injury claims, investigates fault, manages insurer communications, and works to secure full recovery under Texas law.
Read Also: Common Workplace Hazards That Lead to Non-Subscriber Claims in Texas
If you were injured in a car accident while driving for work in the DFW area, the first 72 hours matter. Early action can preserve workers’ compensation benefits and protect your right to pursue a separate personal injury claim when another driver is at fault.
Bailey & Galyen, the official law firm sponsor of the 2023 World Series champion Texas Rangers, brings more than four decades of experience to individuals throughout the DFW Metroplex and across the state of Texas, including people who have suffered injury in a work-related car accident.
To determine your eligibility for a free initial consultation, contact us online or call our offices at 844-402-2992. You can reach us by phone 24 hours a day, seven days a week. We will meet with you evenings or weekends, if necessary. Hablamos español en nuestra oficina.
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