Key Takeaways
- Ohio workers’ compensation benefits may be available if you are injured in a vehicle accident while performing job duties or traveling for a work-related purpose.
- Under Ohio’s coming-and-going rule, injuries sustained while traveling to and from a fixed place of employment generally do not qualify for workers’ compensation benefits.
- Driving between job sites, running employer-directed errands, traveling for business, or performing duties as a traveling employee may support a workers’ compensation claim.
- If another driver caused the collision, you may be entitled to workers’ compensation benefits while also pursuing compensation from the at-fault party.
- The Bureau of Workers’ Compensation or a self-insured employer may have reimbursement rights when an injured worker obtains compensation from a responsible third party.
- Seeking medical treatment, reporting the auto accident, preserving evidence, documenting the purpose of the trip, and speaking with a workers’ compensation attorney from the outset can help protect potential injury claims after a work-related vehicle accident.
When we think of workers’ compensation claims, the first thing that usually comes to mind is on-site injuries. Common examples include slips and falls, machinery accidents, and falls from heights. But did you know that if you’re injured in a car crash while performing your job duties, you may qualify for Ohio workers’ compensation benefits?
“May” is the key word here. While it’s possible to qualify for benefits, it depends on why you were on the road at the time of the auto accident. If you were driving to meet a client, visit a job site, or carry out an errand for your employer, it may support a workers’ compensation claim. Driving to a regular workplace from home usually doesn’t.
In this article, we’ll explain when a car accident may qualify for workers’ compensation benefits in Ohio, how the state’s coming-and-going rule affects eligibility, and how third-party claims can affect your recovery after a work-related collision.
When Does Workers’ Compensation Cover a Car Accident in Ohio?
Ohio workers’ compensation law may apply when you’re injured in a car accident while performing job-related duties. The key issue is not where the crash happened: it’s whether you were traveling for business at the time of the collision.
Several types of job-related travel may support a workers’ compensation claim under Ohio state law. The common thread is that the employee is performing duties that benefit the employer. When travel is part of the job assignment, the connection between the injury and the employment is generally easier to establish.
- Driving Between Job Sites: Construction supervisors, property managers, and home healthcare workers regularly travel between locations as part of their jobs. If you’re driving from one assigned work location to another and are injured in a crash, your injuries may qualify for workers’ compensation benefits. In these situations, the travel is connected directly to your work responsibilities rather than a personal commute.
- Running Employer-Directed Errands: Employees are sometimes asked to do work outside the office or job location. These assignments may include delivering documents, transporting equipment, obtaining supplies, or making deposits on behalf of the employer. If a car accident happens while carrying out one of these tasks, workers’ compensation benefits may be available.
- Traveling Employees: Some jobs involve regular travel. Sales representatives, regional managers, and similar employees may spend much of the workday driving between meetings, customer locations, and other business destinations. Travel is a routine part of performing the job, so if an auto accident happens, they may qualify for workers’ compensation benefits.
- Business Trips: Employees may also qualify for benefits while traveling for business purposes. Business travel can include driving to client meetings, conferences, training programs, temporary job assignments, or customer locations. These trips are undertaken for the employer’s benefit rather than the employee’s personal convenience.
The Ohio Coming-and-Going Rule: Why Many Commuting Accidents are Not Covered
Many employees are surprised to learn that a car accident during a commute usually doesn’t qualify for Ohio workers’ compensation benefits. That result stems from a legal principle known as the coming-and-going rule.
In Ohio, the coming-and-going rule generally applies to employees who report to a fixed place of employment. Under this rule, car crash injuries sustained while traveling to or from that regular work location are not normally compensable. The general premise is that the risks associated with an ordinary commute are risks shared by the general public and not simply created by the employment itself.
As an example, think about an office employee who drives from home to the same workplace each morning. If another driver causes a collision during that commute, the employee may suffer serious injuries and miss time from work. Even so, the accident will generally not qualify for workers’ compensation because the employee had not yet started work.
The same principle may apply at the end of the workday. An employee who leaves a fixed workplace and is injured while driving home is usually exposed to the same roadway risks faced by any other commuter. As a result, workers’ compensation benefits are frequently unavailable for those injuries.
Pro Tip: The concept of a fixed-situs employee is central to these work injury claims. A fixed-situs employee is someone who regularly reports to the same work location as part of the job. Office workers, factory employees, retail employees, and many administrative professionals fall into this category.
Important Exceptions to the Coming-and-Going Rule
While the coming-and-going rule prevents many commuting accidents from qualifying for workers’ compensation benefits, Ohio state courts have recognized situations in which travel is connected closely enough to employment to support a claim. As a result, a worker injured while traveling shouldn’t simply assume that they’ll be denied workers’ comp benefits because they were on the road at the time.
For example, an employer may ask an employee to pick up equipment after hours, deliver materials to a job site, or respond to an unexpected workplace issue. In those situations, the employee is traveling because of an employer-directed assignment rather than a routine commute.
Ohio courts have also recognized the special hazard exception. This exception may apply when the route to or from work exposes an employee to a risk distinctive to the employment and greater than that faced by the general public. For example, an employee may qualify for workers’ compensation benefits after an injury occurring at or near the workplace if they had to encounter a hazardous railroad crossing, busy industrial roadway, or another employment-related hazard as part of traveling to work.
Courts have also considered injuries that occur within an employee’s zone of employment. This concept can apply when the injury occurs in an area that has a close relationship to the employer’s premises or operations. For example, you may be injured in a motor vehicle accident while traveling through an area controlled by the employer or while entering a worksite through a route designated for employees.
Because there are so many potential variables involved, you should never simply assume you don’t qualify for benefits. Speak to a workers’ compensation lawyer about your situation and get the guidance you need to make the right decision.
The Special Hazard Exception: The Two-Prong Test
While routine commutes are excluded from coverage under the coming-and-going rule, Ohio courts recognize the special hazard exception when a job subjects a worker to extraordinary travel risks.
Under precedent established by the Supreme Court of Ohio (Littlefield v. Pillsbury Co.), an off-premises commuting injury may qualify for workers’ compensation if it meets a two-prong test:
- “But For” Employment: But for your job duties, you would not have been present at the specific location where the accident occurred.
- Heightened or Distinctive Risk: The commute exposed you to a risk distinctive in nature or quantitatively greater than the ordinary risks faced by the general driving public.
Examples of Special Hazards:
- Dangerous Entrances: Being required to make a difficult left turn across high-speed, heavy traffic into the employer’s sole facility entrance.
- Sole-Access Railroad Crossings: Crossing hazardous or ungated railroad tracks that serve as the only viable route to reach the workplace premises.
- Industrial Traffic Zones: Navigating heavy industrial machinery, loading docks, or commercial truck lanes immediately adjoining the worksite.
- Location Assignment: Being assigned to a location with longer than normal commutes.
If your daily commute forces you to encounter a hazard tied directly to your employer’s location or access points, your injury may be covered, even if you had not officially clocked in for work yet.
Can You Receive Workers’ Compensation and File a Personal Injury Lawsuit?
Yes. An employee injured in a work-related car accident may have both a workers’ compensation claim and a personal injury lawsuit arising from the same collision.
The Ohio workers’ compensation system and personal injury law address different obligations. Workers’ compensation provides benefits to employees injured in the course of their employment, regardless of fault in most situations. A personal injury lawsuit, in contrast, seeks compensation from the person or entity whose negligence caused the collision.
Let’s take the example of a sales representative driving to a client meeting. If another motorist runs a red light and causes an accident, the injured employee may qualify for workers’ compensation benefits because the accident took place during work-related travel. At the same time, the employee may pursue a negligence lawsuit against the at-fault driver for damages arising from the same incident.
Note: The availability of a workers’ comp claim doesn’t shield a negligent third party from liability. A driver who causes a collision remains legally responsible for the losses resulting from that conduct. For that reason, injured employees should evaluate both avenues of recovery after a work-related vehicle accident.
The compensation available through each claim is also different:
- Ohio workers’ compensation benefits may provide payment for medical treatment, compensation for lost wages, and other benefits authorized by statute.
- A personal injury lawsuit may permit recovery for damages that are not available through the workers’ compensation system, including pain and suffering, loss of enjoyment of life, and other damages.
In short, a workers’ compensation claim focuses on the relationship between the injury and the employment. Questions may include why the employee was traveling, whether the trip served a business purpose, and whether the injury arose out of and occurred in the course of employment. A personal injury lawsuit generally centers on fault and damages, including how the collision happened and the losses caused by the defendant’s conduct.
Because these claims address different issues, they may proceed at the same time. However, obtaining compensation from a negligent third party can affect the workers’ comp claim. State law grants the Ohio Bureau of Workers’ Compensation and self-insured employers reimbursement rights in many situations involving third-party recoveries, which is another reason why you should speak to a lawyer about your situation as soon as possible after a collision occurs.
Ohio BWC Subrogation Interest After a Work-Related Car Accident
Subrogation allows the Bureau of Workers’ Compensation or a self-insured employer to seek repayment for benefits paid as a result of the injury. If workers’ compensation has paid medical benefits, wage-loss benefits, or other compensation related to the claim, the statutory subrogee may assert an interest in money recovered from the party responsible for the collision. The purpose is to prevent an injured worker from receiving double compensation for the same losses.
As an example, assume an employee is injured in a work-related vehicle accident caused by another driver. Workers’ compensation begins paying medical bills and compensation while the employee recovers. Months later, the employee settles a personal injury lawsuit against the at-fault driver. At that point, the Bureau of Workers’ Compensation or self-insured employer may seek reimbursement from the recovery for benefits paid in connection with the injury.
Subrogation Notice Requirements
Under Ohio’s subrogation statute, an injured worker who pursues a claim against a third party must provide notice to the statutory subrogee, which may be the Bureau of Workers’ Compensation or a self-insured employer. This statutory subrogee is also entitled to notice of settlement negotiations and any proposed resolution of the third-party claim. For that reason, workers’ compensation claims and third-party lawsuits should not be viewed as entirely separate proceedings. Actions taken in one case may affect the other.
FAQs About Workers’ Compensation After a Car Accident
What Should I Do After a Work-Related Car Accident?
- Seek Medical Care Immediately: Your wellbeing should be the first priority after any vehicle accident, so go to the hospital or your doctor right away. Even injuries that appear minor at the accident scene may develop into more serious medical conditions in the days that follow. Prompt treatment also creates medical records that document the nature of your injuries and connect those injuries to the collision.
- Report the Accident to Your Employer: Notify your employer as soon as possible after the crash. A timely report creates a record of when the accident occurred, where it happened, and what work-related activity you were performing at the time. Reporting the incident promptly can also help avoid disputes regarding the relationship between the accident and your employment.
- Document the Accident Scene: If you can, gather as much information as possible before leaving the scene. Photographs and video of the vehicles, roadway conditions, traffic controls, property damage, and visible injuries may become important evidence later. You should also obtain contact information for witnesses and request a copy of the police report when it becomes available.
- Preserve Evidence of the Work-Related Trip: Employees involved in work-related vehicle accidents should keep records showing why they were traveling when the collision occurred. Emails, work schedules, dispatch records, delivery logs, calendar entries, text messages, and similar documents may help establish that the trip was connected to employment duties. This evidence can be especially important if questions arise regarding eligibility for workers’ compensation benefits.
- Identify All Potentially Liable Parties: Another driver may have caused the collision, but additional parties may also share responsibility. Depending on the situation, liability may extend to a commercial vehicle owner, an employer, a contractor, or another business entity.
- Speak With a Workers’ Compensation Lawyer: An experienced attorney can evaluate whether the accident occurred in the course of employment, identify all available claims, and assess how one may affect another. Legal guidance can also help preserve evidence, address potential disputes, and avoid mistakes that may affect your ability to recover compensation. Plevin & Gallucci recommends talking with an attorney before any claims are filed.
Can I Receive Workers’ Compensation Benefits if I Was at Fault for the Accident?
Ohio’s workers’ compensation system is generally a no-fault system, which means eligibility for benefits doesn’t usually depend on who caused the accident. If you were injured while acting within the course of your employment and the injury arose out of your employment, you may still qualify for workers’ compensation benefits even if your actions contributed to the collision.
However, there are exceptions. Certain conduct, such as intoxication or deliberate misconduct, may affect eligibility under Ohio state law. If you have concerns in this regard, please speak to an attorney.
Talk to an Ohio Workers’ Comp Attorney About Your Claim
If you were injured in a car accident while performing your job duties, speak to an attorney who can help you identify all available claims and protect your rights. At Plevin & Gallucci Company, L.P.A., we represent injured workers in Ohio workers’ compensation claims involving workplace injuries, occupational diseases, and more, as well as victims of personal injuries. We can evaluate your situation and explain how a work-related car accident may affect your workers’ compensation and personal injury rights. For more information or to schedule a free initial consultation, call our law firm at 1-855-4-PLEVIN or use our contact form.
