Each year, thousands of Iowans are injured in car accidents. Many are traveling to or from work when a negligent motorist crashes into them, sending them to the hospital with serious injuries. As experienced Cedar Falls workers’ compensation lawyers, we regularly field questions from workers about whether they can receive compensation for a car accident. This is a complex area of law, because many accidents are not covered. We look at some general principles in this article.
The “Coming and Going” Rule
Generally, traveling from your home to work, or from work back home, is not considered “within the course of employment” for purposes of workers’ compensation. That sounds odd. If you can’t get into work, how can you do your job? Nonetheless, this rule is well-established in Iowa.
Suppose you get up early and head into work. On the way, a drunk driver crashes into you and fractures your spine. Although you might have a personal injury claim against the driver, you were not yet on your employer’s premises, so the accident is not covered by workers’ compensation.
The same is true once you leave work at the end of the day. You could swing by the grocery store for a frozen pizza and get T-boned in the parking lot. Since you are headed home at the end of your shift, your motor vehicle accident is not covered by workers’ compensation.
Helpfully, there are many exceptions to this general rule.
Exception: You Travel for Work
Some people are on the road for their jobs. They do not have a fixed jobsite with fixed hours. Delivery workers are a classic example. They are paid to be on the road. Other employees travel to meet with clients in their office or to attend company-sponsored events. Travel isn’t optional.
If traveling is one of your job duties, then getting into an accident while traveling is probably covered. There might be an exception if the insurance company can prove you were actually traveling for personal reasons at the time. As an example, a traveling salesman might go on an excursion for personal reasons, which might not be covered.
But if you were traveling as part of your job, then car accident injuries probably qualify for worker’s compensation.
Exception: You Ran a Special Errand for Your Boss
Suppose a lab tech is finishing up her shift at the lab and grabs her keys to head home. Her boss asks her to take blood samples to the hospital on her way. She gets into a crash before reaching the hospital.
This accident is likely covered by workers’ compensation. Although the lab tech is ultimately headed home, she is performing a special errand at the request of her boss when the accident happened. In other words, she is furthering her boss’s business when the accident occurs, so she can probably receive workers’ compensation benefits.
Exception: You Are Injured on the Employee’s Premises
If the motor vehicle accident happens on your employer’s premises, then the analysis shifts. Your accident is probably covered if you were injured in the company parking lot, since this area is under the control of your employer.
Imagine you swing into the parking lot but are T-boned by an exhausted worker coming off the night shift. You are struck on the premises, so you should be covered even though you haven’t clocked in at your desk.
Let us review if your employer has some level of control over the area. If so, then your accident might be work-related, and you can receive benefits.
Exception: Your Employer Provides Transportation
Another exception applies when an employer provides transportation, which is under their control. This is called the “employer-provided conveyance” rule. Some employers provide bus rides for large numbers of employees, so a bus accident as you head into work will probably qualify as work related. The same is true if your boss gives you a ride into work or a lift home at the end of the shift.
Furthermore, Iowa recognizes the “employer-provided conveyance” exception when an employer provides a company car. In this case, getting injured while headed into work or while traveling home at the end of the day is probably covered as a work-related injury.
You Might Still Bring a Car Accident Claim
Workers’ compensation benefits are no-fault, so it wouldn’t matter if you were to blame for the car accident. For example, you could have been looking at your phone when you drive straight into the back of a tractor-trailer. If you were traveling for work, then this accident is likely covered. You can receive workers’ compensation benefits for medical care and lost wages.
What happens if you were involved in a wreck while traveling home? You can still bring a claim against the driver for the crash, but you’ll need to prove they were at fault.
We often recommend bringing a personal injury claim where possible. You will receive more compensation than if you rely solely on workers’ compensation. Our personal injury clients can receive damages for pain and suffering, emotional distress, and disfigurement. Workers’ compensation does not cover those losses.