Commuting to Work: Work-Injury or Not?

Is car accident commuting to or from work a work injury? The answer is probably not. I would say 9/10 car accidents that happen while commuting to work would not fall under work comp. So what about the 1/10? What makes a car accident a work comp claim?

Let me start off by saying, if you’ve been in a car accident on your commute and are wondering if you can try to get comp benefits, just call a work comp attorney. They will be able to advise you on whether or not it’s a work comp claim. As a lawyer myself, I try to come up with simple litmus tests to determine if I should go deeper into an analysis. Here’s the one I’ve come up with for MVAs while commuting.

First, I assume the employee lives within a short walking distance. Then I ask, “would it make any difference to the employer if the employee walked to work or drove their personal vehicle to work?” If the answer is, “yes” then there may be an argument to be made that the car accident could be claimed as work comp. if the answer is “no” then probably a long shot.

Again, my litmus test isn’t the legal standard used by the courts but it works for me. There are many different theories of liability to establish a car accident as work-related. You should definitely consult an attorney if you have any questions or concerns about your particular situation.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.