I was hurt in a car crash while driving for work. What are my options?

Usually it is two claims, not one

A crash on the job sits where two parts of Texas law meet. Because you were working, it can be a workers' compensation claim. Because another driver caused it, it is also an ordinary injury claim against that driver and their insurer. The two run side by side, on different deadlines, against different insurance companies.

Comp pays medical care and wage benefits without anyone having to prove fault, but the benefits are limited by statute and do not include pain and suffering. The claim against the at-fault driver can include everything Texas law allows: past and future medical care, lost earnings and earning capacity, physical pain, mental anguish and impairment. Most people who are hurt driving for work need both.

Were you "in the course and scope" of your job?

Comp covers an injury that happens in the course and scope of employment, which Labor Code § 401.011(12) defines as an activity that has to do with and originates in the employer's work, business, trade or profession, done while furthering those affairs.

Driving creates the most arguments. Under § 401.011(12)(A), travel to and from work is generally not covered, unless:

• the transportation is furnished as part of your employment or is paid for by the employer;
• the vehicle or means of travel is under the employer's control; or
• your employer directed you to go from one place to another.

So a delivery driver on a route, a technician driving between service calls, a crew member riding in the company truck to a job site and an employee sent by the boss to pick up parts are usually covered. An ordinary drive from home to your regular workplace usually is not. A trip that mixes work and personal business is judged under a separate "dual purpose" rule in § 401.011(12)(B). Getting mileage reimbursed does not settle the question on its own; Texas courts have said reimbursed travel costs, by themselves, don't prove the trip furthered the employer's business. These lines are fact questions, and we work them out from your schedule, your instructions and where you were headed.

The one thing you do yourself: tell your employer within 30 days

Labor Code § 409.001 requires an injured employee to notify the employer no later than the 30th day after the injury. Notice can go to the employer or to any supervisor or manager. If notice is late, the employer and its carrier can be relieved of paying benefits unless they already knew about the injury, the state finds good cause, or they don't contest it (§ 409.002). A separate claim for compensation has to be filed with the Texas Division of Workers' Compensation within one year (§ 409.003).

Keep the report to your supervisor short and true: the date, where it happened, that you were driving for work and that you were hurt. Put it in a text or email so there is a record. That is the one conversation you need to have. After you hire us, we deal with your employer, the comp carrier and the other driver's insurer. You don't have to give anyone a recorded statement.

The claim against the driver who hit you

Comp does not protect the other driver. Labor Code § 417.001 lets an injured employee seek damages from a third party, and that is where the full value of your losses comes from. The same law gives the comp carrier a right to be repaid: the carrier is subrogated to your claim up to the benefits it paid, and under § 417.002 the net recovery repays the carrier first, with anything above that treated as an advance against future benefits. How that lien is handled changes what you keep, which we explain in the third-party work injury page.

If the other driver had little or no insurance, uninsured/underinsured motorist coverage may apply (Insurance Code § 1952.101), including coverage on the vehicle you were driving. Finding every policy is part of our work.

What if a coworker was driving?

If you were a passenger and a coworker caused the crash, the rule is different. When your employer carries comp, § 408.001 makes comp the exclusive remedy against the employer and its agents or employees. You generally can't sue the coworker. But if another driver shared the blame, the claim against that driver is still open.

What if my employer doesn't carry workers' comp?

Many Texas employers opt out. A non-subscribing employer can be sued directly, and under § 406.033 it can't defend by saying you were careless, that you accepted the risk, or that a coworker was to blame, though you still have to prove the employer was negligent. In a driving case, that can mean sending you out in a truck with bad brakes or worn tires, no training for the vehicle, or a schedule that left no way to drive safely. You still have the claim against the other driver too. The details are in my employer has no workers' comp.

What if I'm an independent contractor or a gig driver?

If you truly work for yourself, there is usually no employer comp policy to claim against. Your claim is against the driver who hit you, and your own auto policy may help with personal injury protection (Insurance Code § 1952.151) and uninsured motorist coverage. App-based drivers have their own insurance layers, covered in the Uber and Lyft page.

The label on your paperwork doesn't decide it. The Texas Supreme Court looks at whether the company had the right to control the progress, details and methods of your work (Painter v. Amerimex Drilling, 2018). Some people called contractors are employees under the law, and that changes who pays.

What if the other driver was working too?

If the vehicle that hit you was a company truck or delivery van, its owner may be responsible along with the driver, often with a larger commercial policy. See hit by a company vehicle.

Your job and your status

Reporting a work injury is your right, and Texas protects workers who file comp claims (more on retaliation). We never ask about immigration status to help you, and your right to compensation in Texas does not depend on it.

Get medical care, keep your records and photos, and send that one notice to your employer. You talk with Jimmy directly, by phone, text, email or video call, and in person when needed, wherever you are in Texas.

Other ways people ask this

Am I covered by workers' comp if I crashed on my way to work?

Usually not. Texas law generally excludes the commute unless your employer provided or paid for the transportation, controlled the vehicle, or sent you from one place to another (Labor Code § 401.011(12)(A)).

How long do I have to tell my employer?

Thirty days from the injury, to your employer or any supervisor or manager (Labor Code § 409.001). Do it in writing, like a text or email, so there is a record.

Can I get workers' comp and also sue the driver who hit me?

Yes. Comp does not protect the at-fault driver (Labor Code § 417.001). The comp carrier is repaid from that recovery for benefits it paid, so the lien has to be handled carefully.

Can I sue my employer for the crash?

If your employer carries comp, generally no; comp is the exclusive remedy against the employer and its employees (§ 408.001). If it is a non-subscriber, yes, and it loses key defenses under § 406.033.

I'm a 1099 contractor. Do I have any claim?

Yes, against the driver who caused the crash, and possibly through your own auto coverage. If the company actually controlled how you worked, you may be its employee under the law despite the paperwork.

Should I give a statement to the other driver's insurer or the comp carrier?

You don't have to. Once you hire us, we handle the communications with the employer and every insurer.

Does my immigration status matter?

No. We never ask about it to help you, and your right to compensation in Texas does not depend on it.

Authority: TDI-DWC Appeals Panel manual: course and scope, travel (Labor Code § 401.011(12)) · TDI-DWC Appeals Panel manual: notice of injury (Labor Code §§ 409.001-.002) · Tex. Labor Code § 409.003 (claim within one year) · Tex. Labor Code § 408.001 (exclusive remedy) · Tex. Labor Code ch. 417 (third-party liability, subrogation) · Tex. Labor Code § 406.033 (non-subscribers)