Driving during work hours is common for many jobs. Whether you’re making deliveries, heading to a meeting, or running errands for your employer, there are various reasons you may need to get behind the wheel for work.
If you’ve been in a work-related car accident in West Virginia, you might be wondering who’s responsible, how insurance works, and whether you’re eligible for workers’ compensation. This guide will help you understand your rights and responsibilities if you’re in a work-related car accident.
Understanding Work-Related Car Accidents in West Virginia
A work-related car accident is a car accident that occurs while you’re performing job duties. This could involve driving a company car or even your vehicle. For an accident to be legally considered “work-related,” the key factor is whether it occurred within the scope of your employment.
Examples include:
- Driving to a client’s location
- Making a delivery
- Running a business errand
Under West Virginia law, accidents during personal errands, breaks, or commuting to and from work typically do not count as job-related.
In West Virginia, your compensation in a car accident can be reduced if you’re found partially at fault. This is known as modified comparative negligence under WV Code § 55-7-13a.
Who’s Liable? Employer vs. Employee Responsibility
Determining liability is one of the most confusing parts of a work-related car accident. West Virginia follows a modified comparative negligence system. This rule applies if an accident victim’s own negligence played a role in their accident or injuries. It means that you may still receive compensation even if it is less than 50% your fault, but the compensation you receive may be reduced by the percentage of fault assigned to you.
Your employer may be held liable for injuries you caused to others under a legal concept called vicarious liability if you were driving within the scope of employment. This means they can be responsible for your actions while you are doing your job.
However, if you were running a personal errand, using the vehicle in an unauthorized way, or deviating from your work duties, you could be held personally liable for the accident.
According to the doctrine of vicarious liability, your employer may be responsible for the accident if it happened while you were working.
Workers’ Compensation and Car Accidents on the Job
In West Virginia, workers’ compensation may apply to car accidents that happen while you’re on the job. This means your medical expenses and a portion of your lost wages can be covered without proving fault.
However, workers’ compensation does not cover non-economic damages, such as pain and suffering. Also, if a third party (such as another driver) caused the accident, you may be eligible to submit a personal injury claim to get your workers’ comp benefits.
According to the West Virginia Offices of the Insurance Commissioner, employees may be entitled to workers’ compensation if the accident occurred during work-related travel. Source.
What If You’re Using Your Vehicle?
Using your car for work duties is very common. However, it complicates insurance matters. Typically, your auto insurance is the first source of compensation for others’ injuries. However, your employer may be partially liable if the trip was job-related.
If you were doing work tasks when the crash occurred, your employer’s insurance might share coverage but, don’t assume it automatically applies.
Driving a personal vehicle for job duties does not automatically shift liability to the employer. Each case depends on scope, authorization, and purpose of travel.
Insurance Coverage Scenarios – Who Pays?
| Scenario | Who Typically Pays | Legal Notes |
| Employee in company vehicle during job | Employer’s commercial auto insurance | Vicarious liability likely applies |
| Employee in personal vehicle on job task | Employee’s auto insurer (primary), employer may share liability | Depends on scope of employment |
| Employee commuting to/from work | Employee’s auto insurance | Commute usually not covered |
| Unauthorized detour during work trip | Employee may be fully liable | Deviation from job duties negates employer coverage |
Steps to Take Immediately After a Work-Related Car Accident
Your health and safety come first after a crash. Seek medical help right away, even if you don’t think you’ve sustained serious injuries. Then, report the accident to both your employer and insurance company. Be honest and detailed about what you were doing when the crash happened.
Take these steps:
- Get medical treatment and keep records.
- Inform your employer about the accident.
- Document the scene, photos, and witness contact information.
- File a workers’ compensation claim if applicable.
These actions will protect your rights and help you recover the benefits or compensation to which you may be entitled.
Legal Deadlines and Reporting Requirements in West Virginia
Time limits are strict in West Virginia. You typically have:
- 6 months to file a workers’ compensation claim.
- 2 years from the date of the accident to file a personal injury lawsuit.
Employers also have responsibilities. They must report workplace injuries to their insurer promptly. Missing these deadlines could result in losing your right to compensation.
West Virginia law gives you two years to file a personal injury lawsuit after a vehicle accident. Missing this deadline could permanently bar your claim.
Frequently Asked Questions
Can I file both a workers’ comp and a personal injury claim in WV?
Yes. If a third party (like another driver) caused the accident, you may pursue a personal injury claim alongside a workers’ compensation claim to recover broader damages.
What if I was partly at fault for the accident?
West Virginia uses modified comparative fault. If you’re less than 50% at fault, you can still recover damages. However, your percentage of fault will reduce the amount of compensation you receive.
Does workers’ comp cover pain and suffering in WV?
No. Workers’ compensation typically covers medical expenses and lost wages. It doesn’t include compensation for non-economic damages like pain and suffering. That may be available in a separate injury claim.
How do I prove my accident happened during work hours?
You’ll need evidence such as timecards, job assignments, employer emails, or supervisor statements showing that you were performing job-related duties at the time of the crash.
What should I do if the insurance companies dispute coverage?
If there’s a dispute between personal and employer insurance or workers’ comp, it’s best to speak with a lawyer who can help sort through coverage issues and advocate for your rights.
Can I be fired for causing a crash while on the job?
It’s possible. If the crash resulted from negligence or policy violations, your employer may take disciplinary action. However, you still have legal rights, especially if you were injured.
Conclusion: Know Your Rights After a Crash on the Job
Being involved in a car accident while working in West Virginia raises questions about insurance, employer responsibility, and your eligibility for compensation. Knowing how West Virginia law handles these situations is key to protecting your rights. From understanding the scope of employment to navigating workers’ compensation and liability laws, each step matters.
If you were hurt in a work-related car accident in West Virginia, the attorneys at Manchin Ferretti Injury Law are here to help. We offer free consultations to discuss your situation, explain your options, and guide you through the legal process, without pressure or obligation.