By Eric A. Shore, an injury and disability lawyer for over 30 years Last updated: July 28, 2026
If you are injured in a car accident while working in Pennsylvania or New Jersey, you may have up to four separate claims: a workers’ compensation claim through your employer, a personal injury claim against the driver who caused the crash, uninsured or underinsured motorist (UM/UIM) benefits, and disability benefits if your injuries keep you from returning to work. These claims come from different insurance companies, follow different rules, and have different deadlines. You do not have to pick just one.
Many people believe workers’ compensation is their only option. After helping injured and disabled people since 1994, I can tell you that is one of the biggest misconceptions I see. Some of the most valuable claims are never filed simply because no one told the injured worker they existed.
Key Takeaways
Workers’ compensation usually covers your medical treatment and part of your lost wages, even if another driver caused the crash.
You can often pursue a personal injury claim against the at fault driver at the same time.
That claim can include pain and suffering, which workers’ comp does not pay.
If the at fault driver had little or no insurance, UM/UIM coverage may be available from your employer’s auto policy, your own policy, or a household family member’s policy.
If you cannot return to work, Social Security Disability and short or long term disability benefits are separate claims with their own deadlines.
A work related crash can also become an employment law issue. FMLA and the ADA may protect your job while you recover.
I call the full picture a DISINJURY™. That is my shorthand for what really happens when a single accident triggers several overlapping legal claims at once, injury, workers’ comp, disability, and sometimes employment law, and those claims have to be managed together so that one does not damage another. The physical injury is only part of the loss. People also lose income, retirement contributions, promotions, health insurance, and future earning ability. Those losses often grow much larger than the medical bills, which is why the first question after a work related crash should not be “Who pays my hospital
bill?” It should be “What rights do I have?”
Can I Get Workers’ Compensation for a Car Accident That Happened While I Was Working?
Usually, yes. If you were acting within the course and scope of your job when the accident happened, workers’ compensation in Pennsylvania and New Jersey generally pays for reasonable medical treatment and wage loss benefits. Unlike a personal injury case, you do not have to prove the other driver was negligent, and it does not matter that the crash happened on a public road instead of at your workplace.
You may be covered if you were:
Driving between job sites Making deliveries
Visiting a client or patient Driving to a work meeting
Running an errand for your employer Traveling as part of your job
Driving your own vehicle for work Driving a company vehicle
Delivery drivers, home health aides, traveling nurses, sales representatives, construction supervisors, utility workers, and repair technicians are all common examples. The regular commute from home to work is generally not covered, but there are exceptions, which is one reason these cases deserve a real legal review rather than a quick assumption.
Can I Also Sue the Driver Who Hit Me?
Often, yes. Workers’ compensation generally does not pay anything for pain and suffering. If another driver’s negligence caused the crash, you may have a separate personal injury claim against that driver and their insurance company in addition to your workers’ comp claim.
Depending on your injuries, a personal injury claim may include compensation for pain and suffering, future medical expenses, permanent disability, lost earning capacity, future wage loss, and loss of enjoyment of life. One mistake I see repeatedly is people believing they must choose between workers’ compensation and a personal injury claim. In most work related crashes caused by another driver, you can pursue both. The workers’ comp carrier may have a right to be repaid from the injury settlement, called a lien, and handling that lien correctly is a big part of protecting your net recovery.
What If the Driver Who Hit Me Had Little or No Insurance?
You may still have a claim. Uninsured and underinsured motorist coverage, called UM/UIM, exists for exactly this situation, and it can come from more than one place. Depending on the facts, UM/UIM benefits may be available under your employer’s automobile policy, your own automobile insurance, or a policy belonging to a family member in your household.
Most people never think to ask this question, and insurance companies rarely volunteer the answer. In serious cases, UM/UIM sometimes becomes the single most important claim in the entire file.
What If I Can’t Go Back to Work?
Some work related car accidents permanently change a person’s ability to earn a living. If your injuries keep you from returning to work, you may qualify for Social Security Disability, long term disability benefits through an employer or private policy, or short term disability benefits.
These claims are completely different from workers’ compensation and personal injury claims. They involve different rules, different deadlines, and different decision makers. You can even apply for Social Security Disability while you are out on FMLA, which surprises almost everyone. Many people also qualify for workers’ compensation and Social Security
Disability at the same time, although offset rules affect how the two benefits work together. Because my practice includes both injury and disability law, I routinely look for these benefits when evaluating a serious accident, and I have seen them add years of income that would otherwise have been lost.
There May Be More Than One Claim
One accident can create several completely different legal claims, each paid by a different source:
| Possible Claim | What It May Cover | Who Pays |
|---|---|---|
|
Workers’ Compensation |
Medical treatment and wage loss benefits | Your employer’s workers’ comp insurer |
| Personal Injury | Pain and suffering, future losses, and other damages | The at-fault driver’s insurer |
|
UM/UIM Benefits |
Compensation when the at-fault driver has little or no insurance | Your employer’s, your own, or a household member’s auto policy |
|
Disability Benefits |
Income replacement if you cannot return to work | Social Security or a disability insurance company |
Looking at only one claim can leave significant compensation on the table.
Can My Employer Fire Me After a Work Related Car Accident?
A serious work related crash is not only an insurance issue. It can also become an employment law issue, and this is the part almost nobody warns injured workers about.
If your injuries keep you out of work, you may qualify for job protected leave under the Family and Medical Leave Act (FMLA). Being hurt at work does not by itself protect your job, but FMLA can protect it for up to 12 weeks if you and your employer are covered. If you can return with medical restrictions, the Americans with Disabilities Act (ADA) may require your employer to consider reasonable accommodations.
Unfortunately, I have helped many people who survived the accident only to lose their jobs afterward. Whether your employer can fire you after a car accident depends on why they did it and what protections applied. If your employer disciplines you, refuses reasonable
accommodations, retaliates against you for requesting leave, or fires you because of your medical condition, you may have an entirely separate employment law claim in Pennsylvania or New Jersey. The collision lasts seconds, but if your career is affected, the financial consequences can continue for years.
What Should I Do in the First Week After a Work Related Car Accident?
- Get medical care first. Go to the ER or your doctor and describe every symptom, even the ones that seem minor. Gaps in treatment hurt every one of your claims.
- Report the accident to your employer in writing. Email works. Keep a copy for yourself.
- Request FMLA paperwork from your personal email, not just your work email, if you will miss time. This starts your job protection.
- Get the police crash report. In New Jersey, you can get a copy of your New Jersey crash report online.
- Do not give a recorded statement to the other driver’s insurance company before you understand all of your claims.
- Write down how the crash happened and photograph your injuries and vehicle while everything is fresh.
- Get a complete legal review of all four potential claims, not just the one the insurance company mentions.
How Long Do I Have to File?
Deadlines are where good claims die. In Pennsylvania, you generally have two years from the accident to file a personal injury lawsuit, and you must report a work injury to your employer within 120 days, though reporting within 21 days protects your benefits from day one. A Pennsylvania workers’ compensation claim petition must generally be filed within three years. In New Jersey, the personal injury deadline is generally two years, and a
workers’ compensation claim petition must generally be filed within two years of the accident or the last benefit payment. Disability claims have their own timelines, and every month of delay on a Social Security Disability application can mean benefits you never get back.
These deadlines have exceptions in both directions, which is exactly why I would rather someone call too early than too late.
Common Questions After a Work Related Car Accident
Can I receive workers’ compensation if another driver caused the accident? Usually, yes. If you were working when the crash happened, workers’ compensation benefits are generally available regardless of who caused the accident.
Can I sue the driver who hit me?
Often, yes. A personal injury claim can exist alongside your workers’ compensation claim, and it can include pain and suffering that workers’ comp will never pay.
What if I was driving my own car for work?
You may still qualify for workers’ compensation. Whether you owned the vehicle is only one factor. What matters is whether you were performing work duties.
What if I was driving between job sites?
Employees who travel between work locations are frequently covered by workers’ compensation, even though the ordinary home to work commute usually is not.
Can I receive workers’ compensation and Social Security Disability at the same time? Often, yes. Many people qualify for both, although offset rules limit the combined amount. Getting the paperwork structured correctly can make a real difference in what you keep.
Do Pennsylvania and New Jersey follow the same rules?
No. Pennsylvania and New Jersey have different workers’ compensation laws, different auto insurance rules, and different deadlines. What you can recover may depend on where the crash happened, where your employer is located, and which insurance policies apply.
The Biggest Mistake I See
After more than 30 years helping injured and disabled people, the biggest mistake I see is assuming there is only one claim. A truck driver files workers’ compensation and never learns there was a claim against the negligent driver. A home health aide collects workers’ comp but never applies for Social Security Disability after becoming permanently disabled. An employee is fired after requesting medical leave and never realizes the FMLA or ADA may have protected them.
Each of those people suffered more than a physical injury. Each suffered a DISINJURY™, several distinct legal problems flowing from one crash, and each needed those problems handled together, not one at a time. When I evaluate a work related car accident, I am not
just looking at broken bones or MRI findings. I am looking at every way the accident changed my client’s life and every legal claim that may help make them whole again.
If you were hurt in a car accident while working in Pennsylvania or New Jersey, the Law Offices of Eric A. Shore will review every potential claim at no cost. Since 1994, we have helped tens of thousands of injured and disabled people, and our clients have received or are expected to receive more than $250 million in judgments, settlements, and estimated lifetime benefits. Call 1-800-CANT-WORK before you accept anyone’s answer about what your case is worth.
