Car Accident While Working in California: Workers’ Comp and Injury Claim | Sky Law Group

Hurt in a car accident while working in California? You may have both a workers’ compensation claim and an injury claim. Call Sky Law Group at (844) 475-9529. Free consultation. No fee unless we win. Hablamos Español.

Delivery drivers, sales reps, contractors, nurses on home visits and anyone who drives for work can be hurt in a crash during the workday. If someone else caused the crash, there may be two separate paths to compensation, and mixing them up can cost you.

Sky Law Group helps injured workers understand both and avoid mistakes that insurers count on.

Workers’ Compensation vs. a Car Accident Claim

Workers’ compensation generally pays medical care and part of lost wages for injuries that happen at work, no matter who was at fault. But it does not pay for pain and suffering. If another driver was negligent, California law lets you bring a separate claim against that driver.

• Workers’ comp covers medical treatment and a portion of lost income, without proving fault.
• A third-party injury claim against the at-fault driver can include pain and suffering and other losses that workers’ comp does not.
• Your employer’s insurer may have a right to be repaid from part of your recovery, which is why coordination matters (see Labor Code §3852).

The two claims run on different tracks and different deadlines. Report the injury to your employer promptly and keep every record.

Delivery, Rideshare and Company Vehicle Crashes

• If you were driving a company vehicle, tell your employer and your supervisor right away.
• If you drive for a delivery or rideshare app, different insurance rules may apply depending on whether you were logged in or on a trip. See rear-ended by an Uber, Lyft or DoorDash driver.
• If the at-fault driver was also working, their employer may share responsibility.
• If you were commuting to or from work, workers’ comp may or may not apply, so get advice early.

What to Avoid

Do not give a recorded statement to an insurance company before you understand your rights. Do not sign a settlement or release from either insurer without legal advice. See our guide on insurance adjuster tricks.

What to Do Right Now

1. Get medical care, even if you feel fine. Some injuries show up hours or days later.
2. Document everything: photos, plates, insurance cards, witness names and phone numbers.
3. Report the crash and keep the report number. See our guide on insurance adjuster tricks before you talk to any insurer.
4. Do not admit fault or sign a release until you understand what your claim is worth. Read should I give a recorded statement?
5. Call Sky Law Group for a free consultation: (844) 475-9529.

California Filing Deadlines

Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure §335.1). If a city, county or other public entity is involved, a claim generally must be presented within six months (Government Code §911.2). Read our statute of limitations guide. Every case is different and no result can be guaranteed.

Why Call Sky Law Group

• Free consultation, 24 hours a day
• Contingency fee: no fee unless we recover compensation for you
• Hablamos Español, with native Spanish-speaking support
• Serving every city in Orange County

Frequently Asked Questions

Can I get workers’ comp and also sue the other driver?

Often yes. Workers’ compensation does not stop you from bringing a claim against a negligent third party, although the workers’ comp insurer may be entitled to reimbursement from part of your recovery.

Will my employer retaliate if I file a claim?

California law prohibits retaliation for filing a workers’ compensation claim. If you face retaliation, call us.

Does it matter if I was driving my own car for work?

It can. Where you were going, who you were working for and whose insurance applies all matter, so tell us the full story.

How much does it cost to hire Sky Law Group?

The consultation is free and we work on contingency, so you pay no attorney fee unless we recover compensation for you.

¿Hablan español?

Sí. Hablamos Español. Llame al (844) 475-9529 para una consulta gratis.

Related: Orange County car accident lawyer · average car accident settlement · settling without going to court · Orange County accident guides

Hurt in a crash? Call (844) 475-9529 now for a free consultation. Hablamos Español.