If your job involves driving a company vehicle, you may wonder what happens if you get into a car accident while on the clock. Do you file a workers’ compensation claim? Does auto insurance cover the damages? In Vermont, the answer often involves both systems, and navigating them can be confusing. Understanding how workers’ comp and car insurance intersect is key to protecting your rights.
Workers’ Compensation Basics in Vermont
Vermont law requires most employers to provide workers’ compensation benefits for employees injured in the course of their employment. These benefits, governed by 21 V.S.A. § 618, cover medical expenses, lost wages, and disability payments when an injury arises out of and in the scope of work.
For employees injured in car accidents while driving work vehicles, workers’ comp often applies. As long as you were performing job duties—such as delivering goods, traveling between job sites, or attending a work meeting—you may qualify for benefits.
When Vermont Workers’ Comp Covers a Vehicle Accident
For a vehicle accident to be covered under workers’ compensation in Vermont, it must occur within the scope of employment. This means the employee was performing duties that directly benefited the employer at the time of the crash. Common examples include driving a company truck to deliver supplies, traveling to a mandatory training session, or running an errand at the employer’s request. Coverage also extends to situations where an employee is transporting co-workers or equipment for work purposes.
When an accident happens under these circumstances, the injured worker is generally entitled to workers’ compensation benefits, including medical treatment and wage replacement.
The “Coming and Going” Rule
Like most states, Vermont applies the “coming and going” rule, which generally excludes coverage for accidents that happen during your normal commute. However, exceptions exist. For instance, if your employer pays you for travel time or requires you to use a company car, you may be covered even while commuting.
This distinction often determines whether workers’ compensation or personal auto insurance applies. Employees should document their job duties and travel requirements to strengthen claims.
Auto Insurance Coverage for Work Vehicle Accidents in Vermont
Workers’ comp may handle your medical expenses and lost wages, but auto insurance often addresses property damage and liability to others. If you are driving a company car and cause an accident, the employer’s commercial auto insurance usually provides primary coverage.
This coverage may extend to:
- Vehicle repairs or replacement.
- Damages to other vehicles or property.
- Injury claims made by other drivers, passengers, or pedestrians.
If another driver is at fault, their auto insurance may cover damages. In such cases, you might still be eligible for workers’ comp benefits since you were injured in the scope of employment.
Can You Receive Both Workers’ Comp and Auto Insurance Benefits?
Yes—under Vermont law, it’s possible to recover benefits from both systems. Workers’ compensation pays for medical treatment and wage loss, while auto insurance covers vehicle repairs and third-party liability. However, you generally cannot receive double recovery for the same damages.
For example, if workers’ comp pays your medical bills, you cannot also seek reimbursement for the same bills from an auto insurance settlement. Insurers may have subrogation rights, allowing them to recover costs if you collect damages from another source.
Third-Party Lawsuits After Vermont Work Vehicle Accidents
If another driver’s negligence caused the crash, you may have the right to bring a third-party personal injury lawsuit in addition to your workers’ compensation claim. A lawsuit allows you to pursue damages that workers’ comp does not cover, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Vermont applies a modified comparative negligence system under 12 V.S.A. § 1036. Under this rule, your recovery can be reduced by the percentage of fault assigned to you. If you are found more than 50 percent responsible for the accident, you are barred from recovering damages in a third-party lawsuit.
Why Legal Guidance Matters
Navigating workers’ comp and auto insurance at the same time can feel overwhelming. Insurance companies may attempt to limit payouts, and employers may dispute whether you were acting within the scope of employment. Meanwhile, auto insurers may argue over liability or attempt to shift responsibility. Having documentation of your job duties, accident details, and employer instructions is essential.
Protecting Your Rights After a Work Vehicle Accident in Vermont
Car accidents involving work vehicles often leave injured employees caught between two systems — workers’ compensation and auto insurance. Understanding how these claims interact, and when additional legal action is possible, is essential to securing the full benefits and financial recovery you deserve. By knowing your rights under Vermont law, you can make informed decisions and avoid costly mistakes that insurers or employers might try to exploit.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you were injured in a work-related car accident in Vermont, you may be facing a complicated situation with multiple insurance companies and overlapping benefits. Workers’ compensation may cover your medical bills and lost wages, but auto insurers often dispute liability, and third-party claims can add another layer of complexity. Without an advocate, you risk missing out on compensation you rightfully deserve.
At Brandon J. Broderick, Attorney at Law, our Vermont workers’ compensation lawyers and personal injury attorneys work together to build strong cases for injured employees. We understand how Vermont statutes for workers’ comp and for comparative negligence might impact your rights after a crash. Whether it’s negotiating with your employer’s insurer, holding a negligent driver accountable, or fighting for maximum benefits, we are committed to protecting you.
Don’t navigate this process on your own. If you or a loved one was hurt in a company car accident in Vermont, call our office today or reach us online to schedule a free consultation.