Utah Car Accidents While at Work: What You Need to Know
If you’ve been involved in a car accident while working in Utah, you may qualify for compensation through both workers’ compensation and a personal injury claim. Understanding the nuances of these cases can make a significant difference in your recovery process, both physically and financially.
In this article, we’ll explore how Utah’s workers’ compensation system works for car accidents, the personal injury claims process, and the role of insurance.
What Happens if You’re in a Car Accident While at Work?
When you’re involved in a car accident while on the clock, two legal avenues come into play:
- Workers’ Compensation: Covers injuries sustained while performing job-related duties.
- Personal Injury Claims: Filed against the at-fault party for damages, such as medical bills, lost wages, and pain and suffering.
Example Scenarios
- Provo, Utah University Avenue Rear-End Collision:
If you’re delivering mail in a federal postal vehicle and someone rear-ends you, you can file:- A workers’ compensation claim with your employer for injury-related expenses.
- A personal injury claim against the at-fault driver.
- Orem State Street Intersection Collision:
While delivering auto parts for Auto Zone, you’re involved in a collision. In this case:- Workers’ compensation will cover your injuries.
- You can pursue a personal injury claim against the driver who caused the accident.
Does Workers’ Compensation Pay for Car Accidents?
Medical Expenses
Yes, workers’ compensation pays for medical bills related to your injuries. However, there are limits to what workers’ compensation can cover. A third-party injury claim may provide additional compensation for:
- Pain and suffering
- Future lost earnings
- Other damages not covered by workers’ compensation
Example
If your emergency room bill totals $13,000 after being rear-ended, workers’ compensation will cover the medical costs. If you settle your case for $25,000, workers’ compensation may claim a statutory lien for reimbursement, often reduced to about one-third of the original amount.
Does Workers’ Compensation Cover Property Damage?
No, workers’ compensation does not pay for vehicle damage. Coverage for car repairs comes from:
- The primary insurance on the vehicle you were driving, or
- The at-fault driver’s insurance.
Example
If you’re rear-ended while delivering packages, the at-fault driver’s insurance will be responsible for vehicle repairs. If your vehicle is a commercial one, the vehicle owner’s insurance policy may also come into play.
Do You Have to Pay Back Workers’ Compensation?
Yes, Utah law requires reimbursement for any workers’ compensation medical expenses paid on your behalf. This repayment is typically taken from the settlement you receive in your personal injury case.
How Is the Amount Reduced?
The workers’ compensation lien is usually reduced, often by as much as one-third, making it less burdensome to the injured worker.
Which Car Insurance Policy Applies in On-the-Job Accidents?
Determining the responsible insurance company depends on the vehicle’s ownership, insurance policy, and whether the driver was engaged in commercial activities.
Examples
- Door Dash Rear-Ender
If a Door Dash driver rear-ends you:- The driver’s personal car insurance is the primary policy, assuming it covers commercial use.
- If the driver’s insurance denies coverage, Door Dash’s liability insurance becomes secondary.
- Pizza Hut Delivery Collision
If a Pizza Hut delivery driver injures you:- The driver’s personal insurance typically applies first, assuming no commercial exclusions.
- If personal insurance denies the claim, Pizza Hut’s insurance becomes responsible.
What Should You Do If You’re Injured in a Work-Related Car Accident?
1. Notify Your Employer
Report the accident to your employer immediately to begin the workers’ compensation process.
2. Document the Incident
- Take photos of the accident scene, vehicle damage, and your injuries.
- Obtain the contact information of witnesses.
3. Seek Medical Attention
Ensure all injuries are thoroughly documented by a healthcare provider.
4. Consult an Experienced Attorney
Navigating both workers’ compensation and personal injury claims can be complex. An experienced attorney can help maximize your recovery.
Contact a Utah Car Accident Attorney
If you’ve been injured in a car accident while at work, Utah attorney Jake Gunter is here to help. With extensive experience in workers’ compensation and personal injury law, he can guide you through every step of the process.
Call or text Jake Gunter at (801) 373-6345 for a free consultation today.
FAQs
1. Can I sue my employer for a car accident while at work?
No, you cannot sue your employer for a work-related car accident. However, workers’ compensation will cover your medical expenses and lost wages.
2. What if the at-fault driver is uninsured?
If the at-fault driver is uninsured, you may still recover damages through your employer’s uninsured/underinsured motorist coverage, if available.
3. How long does it take to settle a car accident case?
The timeline depends on the complexity of the case. Workers’ compensation claims typically resolve faster than third-party personal injury cases.
4. Can I receive compensation for pain and suffering?
Yes, but only through a personal injury claim against the at-fault driver, not workers’ compensation.
5. What happens if I’m partially at fault?
Utah follows a modified comparative negligence rule. You can still recover damages if you are less than 50% at fault, but your compensation will be reduced by your percentage of fault.
6. Do I need a lawyer for a work-related car accident?
While not required, an attorney can help protect your rights, negotiate with insurance companies, and ensure you receive fair compensation.
Call/Text Utah Car Accident Attorney Jake Gunter Now at (801) 373-6345
