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If you were injured in a car accident while working in Texas, you may be wondering whether you're eligible for workers’ compensation benefits. Car crashes are a leading cause of job-related injuries, especially for employees who drive as part of their work duties. Texas workers' compensation laws provide specific protections and benefits for employees injured in the course and scope of employment—including those hurt in work-related car accidents.
In many cases, yes. If you were driving as part of your job duties and were involved in a motor vehicle accident, then your injuries are generally covered by Texas workers’ comp. However, for your accident to be eligible, it must have occurred while you were performing work tasks or furthering your employer’s business. Simply being in a car isn’t enough—you must have been working at the time of the crash.
For example, if you’re a delivery driver, home health nurse, construction worker driving between sites, or even a salesperson traveling to meet a client, you could be covered. On the other hand, if you were commuting to or from work, running a personal errand, or engaging in an activity that wasn’t work-related, your injuries may not be covered under Texas workers' compensation.
Texas workers' compensation law relies heavily on the concept of “course and scope of employment.” This simply means that your injury must have happened while you were doing work for your employer. If you had a car accident while performing duties that benefited your employer, you likely qualify for workers’ compensation.
One example is if your job requires you to visit job sites, clients, stores, or warehouses. If you're in a collision while doing any of these things, you're likely covered—regardless of who was at fault. Even if you caused the accident, you can still qualify for workers’ comp benefits under Texas law, because workers' comp is generally a no-fault system.
Work-related car accidents can cause a wide range of injuries. These may include back and neck injuries, whiplash, broken bones, head injuries, and even psychological trauma such as post-traumatic stress disorder (PTSD). Some injuries may not show symptoms right away, which is why it’s essential to seek medical treatment as soon as possible following the crash—even if you feel fine initially.
Under Texas workers' compensation, you may be entitled to medical benefits, income benefits to replace lost wages, and even permanent impairment benefits if your injury results in lasting damage. If a fatal accident occurs, surviving family members may also qualify for death benefits.
After a crash, your health and safety should come first. Seek immediate medical attention, even for minor injuries. Then, make sure to report the accident to your employer as soon as possible. This helps create an official record and protects your eligibility for workers' comp benefits. In Texas, injured workers generally have 30 days to report their injury, but it’s best to notify your employer right away.
You must also file a formal claim for benefits with the Texas Department of Insurance, Division of Workers’ Compensation (DWC). This is done by submitting a DWC-041 form. The deadline for submitting this form is one year from the date of the injury, but don’t wait—delays may jeopardize your claim.
Sometimes, a third party—such as another driver, a commercial vehicle owner, or even a manufacturer—may be responsible for the accident. In such cases, you may have a personal injury claim in addition to your workers' compensation benefits. This is known as a third-party claim, and it can allow you to recover damages that are not available under workers' comp, such as pain and suffering or full wage loss compensation.
If you do recover damages from a third party, your employer’s insurance carrier may have a right to be reimbursed for some or all of the workers’ comp benefits they paid. This is called subrogation. However, it’s still worth exploring both options, especially if your injuries are severe.
Texas is unique in that employers are not required to carry workers’ compensation insurance. If your employer opted out of the state’s workers’ comp system, they are known as a “non-subscriber.” If you're hurt in the course of employment for a non-subscribing employer, you can usually file a personal injury lawsuit against them.
In these cases, you must prove the employer was negligent in some way, such as failing to provide safety equipment or training. Unlike in regular workers’ comp cases, fault matters here. However, non-subscribing employers lose certain legal defenses and may be held liable for a wider range of damages.
It’s always a good idea to speak with a qualified Texas workers' compensation lawyer if you were injured in a car accident on the job. These cases can quickly become complex, especially if there’s a dispute over whether the accident occurred during work hours, whether a third party was responsible, or if your employer denies your claim outright.
A lawyer can help gather evidence, ensure your claim is filed properly, guide you through the hearing process if needed, and explain your options if a third-party or personal injury case can also be filed. Timing matters, so don’t delay in getting legal support.
Work-related car accidents can leave you physically, emotionally, and financially vulnerable. Whether you suffered a back injury while driving between job sites or were hit while delivering goods, it’s critical to understand your rights under the Texas workers’ compensation system. The sooner you report the injury, seek medical care, and get proper legal guidance, the stronger your case may be.
Remember, just because you were in a car wreck doesn’t mean you’re out of options. Texas workers’ comp is designed to protect injured workers—and with the right help, you can focus on healing while pursuing the benefits you are entitled to under the law.
This post is for informational purposes only and does not constitute legal advice. If you have further questions or would like to know more, contact a lawyer right away. John Gibson is a board-certified Texas workers' compensation lawyer and may be reached at 806-763-2020.
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