I was hurt in a car accident while working. Can I sue the other driver?

Yes, if another driver caused the crash. Workers' comp covers your medical bills and part of your lost wages, but it doesn't pay for pain and suffering. In Massachusetts, you can also bring a separate claim against the at-fault driver, and that claim can cover what workers' comp leaves out.

Two claims, two different jobs

• Workers' comp pays your medical treatment and a portion of your wages while you can't work, no matter who caused the crash. It does not pay for pain and suffering.
• A claim against the other driver can cover your full lost income, future losses, and pain and suffering. It depends on proving the other driver was at fault. See what if the accident wasn't my fault?

When you're hurt on the job, workers' comp usually pays first, ahead of the personal injury protection (PIP) on your auto policy.

Common examples

• Delivery drivers and couriers hit while making stops
• Home health aides and visiting nurses driving between clients
• Contractors and tradespeople driving to a job site
• Salespeople and service techs on the road for work
• Being rear-ended in a company car, van, or truck

Rideshare and gig drivers are often treated as independent contractors and may not have workers' comp at all, which makes the claim against the other driver even more important.

Who you can and can't sue

In Massachusetts, you generally can't sue your own employer or a coworker for a work injury. Workers' comp is the remedy there. But the driver who caused the crash is a different story. If they ran a red light, rear-ended you, or were distracted, you can make a claim against them and their insurance.

Why the two claims have to be coordinated

If you recover money from the other driver, the workers' comp insurer is usually entitled to be paid back for what it covered. The insurer also has to be notified about the claim and typically has a say in any settlement. Handling this correctly from the start protects how much you actually keep.

What to do

1. Report the crash and your injury to your employer right away.
2. Call the police and get a copy of the crash report.
3. Get medical care and tell the provider you were hurt while working.
4. Don't give a recorded statement to the other driver's insurance company. Read what to know before talking to the insurance company.
5. Keep records of missed work, mileage, and medical visits.

Pain and suffering is often the largest part of a car accident claim. Learn more in can I get pain and suffering in Massachusetts?

Get a Free Consultation

Hurt in a crash while working in Western Massachusetts? We handle the claim against the driver who caused it. Call Attorney Daniel A. Pava at 413-781-8700 for a free review. More on our Springfield car accident lawyer page.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103