Even a quick trip to pick up printer paper, grab catered lunch for a client meeting, or drop off a package at the post office can unexpectedly turn into a legal and administrative headache if you’re involved in a traffic accident. Many employees—and even some employers—don’t always realize that a crash during a work errand can trigger workers’ compensation coverage, even if the accident is relatively minor.
Let’s unpack how these situations typically play out, the rules that decide whether you’re covered, and some examples of how different states handle these cases.
The “Going and Coming” Rule—and When It Doesn’t Apply
In most states, the default rule is that workers’ compensation applies only to injuries sustained in the course of performing your job duties. Commuting to and from work generally falls outside that scope. This is known as the “going and coming” rule.
However, there’s a crucial exception: if you’re sent on a specific errand for your employer, you may be covered even if you’re technically “off the clock” or outside your regular hours. The reasoning is that the trip directly benefits your employer, and the travel itself becomes part of your job.
Picture this: you’re asked to pick up a replacement laptop charger on your lunch break, or you’re delivering a signed contract to a client before heading home. If you’re injured in a crash during that trip, workers’ comp may well come into play.
Why a Car Accident Can Trigger Workers’ Comp
Workers’ compensation isn’t limited to injuries that happen at your workplace. If the job requires you to travel, the trip itself is often treated as part of your employment. That means an injury caused by a collision on the way to or from a job-related stop could qualify for benefits.
The core question is whether the travel was job-related. If it was, workers’ comp could cover your medical bills, a portion of lost wages, and any necessary rehabilitation. And because the system is no-fault, you don’t have to prove who caused the accident—only that it happened while performing a work duty.
When You Might Have Two Claims
Things get more complex when you also have a potential car accident claim against another driver. Workers’ comp can cover your immediate medical costs and lost wages, but it won’t pay for things like pain and suffering. If someone else’s negligence caused the crash, you might also pursue a personal injury claim for those additional damages.
The overlap can cause friction. In many states, the workers’ comp insurer has the right to recover part of your personal injury settlement to reimburse what it paid on your behalf. This is called subrogation, and the details vary from state to state.
How Different States Handle Work-Errand Crashes
While the general principle is similar across the country—if you’re hurt in a crash while performing a task for your employer, workers’ compensation may apply—the details can vary widely depending on where you are.
In New York, for example, a claim from a work-related car accident goes through the New York State Workers’ Compensation Board. You don’t have to prove your employer was at fault, but you do have to show that the trip was tied to your job duties. Deadlines are strict: you must notify your employer within 30 days and formally file within two years. The state’s no-fault auto insurance rules mean your own insurer pays certain medical costs first, with workers’ comp covering additional work-related expenses. For employees in Queens trying to navigate both workers’ comp and no-fault rules, a Queens car accident lawyer familiar with this overlap can clarify how the two systems interact.
Massachusetts takes a similar stance on covering work errands, but it processes claims through the Department of Industrial Accidents. Wage replacement is based on your average weekly wage, and if you also sue another driver, the state’s comparative negligence law can reduce your recovery if you were partly at fault. Subrogation rules—how the workers’ comp insurer recoups costs from a third-party settlement—can be a sticking point here. A Boston Workers’ Compensation Attorney would understand how to align these requirements with state deadlines and insurance coordination rules.
In California, workers’ comp applies to work errands, but the state’s “dual purpose” rule comes into play if the trip mixes business and personal errands, sometimes limiting coverage. Texas, where workers’ comp is not mandatory for all employers, can leave gaps if the employer is a non-subscriber. And in Florida, strict injury reporting deadlines and the requirement to use authorized medical providers can make the process more regimented than elsewhere.
The bottom line is that while the concept of covering travel for work is fairly universal, each state’s rules about timelines, documentation, and interaction with auto insurance can significantly affect how a claim is handled.
The Problem of Mixed-Purpose Trips
Not every situation is clear-cut. Imagine you deliver a package for your boss, then decide to stop for groceries before heading home. If you’re in an accident after completing the work task, the insurer may argue that your trip shifted to a personal mission and is therefore outside workers’ comp coverage.
When disputes arise, the timeline and purpose of the trip become central. Was the work task still in progress when the accident happened? Were you still on the route dictated by the errand? Was the assignment explicit or more informal? In these gray areas, documentation such as text messages or delivery confirmations can be critical.
What It Means for Employers
From an employer’s perspective, having an employee injured during a work errand usually triggers the workers’ comp policy, but it may also require contacting a commercial auto insurer if a company vehicle was involved. When an employee uses their own car, their personal insurance might handle property damage, while workers’ comp addresses injury costs. Some businesses purchase “hired and non-owned auto” coverage to help fill the gaps.
Employers may also face premium increases after a claim, making it important to train staff on safe driving and clear reporting procedures.
If It Happened at Work, Put It in Writing
A crash during a work errand can quickly become a tangle of overlapping insurance claims and legal timelines. What begins as a simple trip for office supplies can involve workers’ compensation, auto insurance, and possibly a third-party lawsuit, each with its own set of rules.
The key is recognizing that workers’ comp applies outside the four walls of the office if the travel benefits the employer. State laws—like New York’s strict deadlines and Massachusetts’ comparative negligence system—can change how the process unfolds. Understanding those local rules before an accident happens can prevent headaches if one does.