Had a Car Accident on the Clock in Washington? Who Pays?

A car accident is always stressful. But when you’re "on the clock" for work, it becomes much more confusing.

Are you supposed to call your boss first or 911? Does your employer’s insurance cover the damage, or does yours? If you’re injured, do you file for workers’ compensation, or do you sue the driver who hit you?

The answer is often both.

This situation, known as a "crossover case", involves two different areas of the law: Workers’ Compensation and Personal Injury. Most law firms only handle one. At Lehmbecker Law, we have built our practice on helping people with both types of cases for 40 years.

This article explains who is liable after a car accident on the clock and what steps you must take to protect your rights.

The Two Claims You Might Have: Workers' Comp and Personal Injury

After a work-related car crash, you may be able to open two separate claims to recover compensation.

Path 1: The Workers' Compensation Claim

If you are an employee (not an independent contractor) and were injured while performing your job duties, you are almost always eligible for workers' compensation benefits.

Washington’s workers’ compensation system is "no-fault". This means:

• You are entitled to benefits regardless of who caused the accident.
• These benefits are paid by your employer’s insurance (the Washington State Department of Labor & Industries or a self-insured employer).
• Benefits cover your medical bills and wage replacement (time-loss) while you are unable to work.

However, workers’ comp does not pay you for pain and suffering or the full value of your lost earning capacity and other economic losses.

Path 2: The Third-Party Personal Injury Claim

If another person’s negligence caused your accident (for example, another driver ran a red light and hit you), you have the right to file a separate personal injury claim against them.

This "third-party claim" is filed against the at-fault driver’s insurance company. Unlike a workers' comp claim, a personal injury claim can provide compensation for:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• The full scope of your future lost income

This is a critical distinction. Your workers' compensation claim pays your medical bills and a portion of your wages, while your personal injury claim is meant to cover all the other ways the accident has harmed your life.

When Is an Employer Liable for an Employee's Car Accident?

This is one of the most common questions. In Washington, an employer can be held legally responsible for their employee's actions under a doctrine called "Respondeat Superior", which means "let the master answer".

For this to apply, the employee must have been acting within the "scope of employment" when the accident occurred.

What Is "Scope of Employment"?

You are generally considered to be in the "scope of employment" if you were performing a task for your employer's benefit.

Examples include:

• Making a delivery to a client
• Driving from your office to a job site
• Running an errand for your boss (like picking up supplies)
• Transporting another employee to a meeting

The "Coming and Going" Rule

Your daily commute between your home and your primary workplace is typically not considered "on the clock". This is known as the "coming and going" rule.

If you get in an accident during your usual commute, it is usually treated like any other personal auto accident. However, there are exceptions. If your employer requires you to use your vehicle for work (like traveling between different work sites) or if you are "on call", your commute may be covered.

Does It Matter If I Was in a Company Car or My Personal Car?

Yes, the vehicle you were driving affects which insurance policies are involved.

Accidents in a Company Vehicle

If you are in a company-owned vehicle, your employer’s commercial auto insurance policy is typically the primary insurance for liability and damages. Your workers' compensation claim still covers your personal injuries.

Accidents in Your Personal Vehicle

This is where it gets complicated. If you were driving your own car for a work-related task and caused an accident, the other driver may file a claim against your personal auto insurance and your employer’s policy. Your personal policy is usually primary, but your employer’s commercial policy may act as secondary coverage if the damages exceed your policy limits.

If another driver hits you while you're in your personal car, you would file a claim against their insurance, and your workers' comp claim would cover your injuries.

What to Do After a Car Accident on the Clock

1. Call 911: Get police and medical help to the scene. A police report is vital for a third-party claim.
2. Seek medical attention: Get checked out immediately, even if you feel fine. Tell the doctor it was a work-related injury.
3. Report to your employer: Inform your supervisor about the accident as soon as possible. Your employer must be notified to begin the L&I claim process.
4. Document everything: Take photos of the accident scene, all vehicles involved, and any visible injuries. Get contact information from witnesses.
5. Do not give a recorded statement: Do not give a recorded statement to any insurance adjuster (your own, your employer's, or the other driver's) before speaking with an attorney.
6. Contact an attorney: This is not a simple auto accident case or a simple workers' comp case. You need someone who understands how these two systems interact.

We Handle Both Claims at Once

The biggest mistake you can make is trying to handle these claims on your own or hiring separate law firms. Insurance companies often try to point fingers at each other to avoid paying, leaving you caught in the middle.

Because Lehmbecker Law handles both Personal Injury and Workers' Compensation cases, our team manages the entire process.

• We will help you handle your L&I claim to ensure your medical bills and wages (if you are out of work due to your injuries) are paid on time.
• We will investigate the accident and pursue a third-party claim against the at-fault driver for your pain and suffering.
• We manage all communications with all insurance companies involved.
• We work to ensure that all your rights are protected and that you receive the total compensation you are owed from all available sources.

If you were injured in a car accident while on the clock, do not wait to call for help. Contact Lehmbecker Law today for a free consultation to discuss your case.