Commercial Vehicle Accident FAQs

This scenario represents a “hybrid” claim, where Pennsylvania’s Motor Vehicle Code and Workers’ Compensation Act intersect. Your primary source for income loss and medical benefits will be through a workers’ compensation claim, so you should immediately make a report of the accident to your employer and ask for a copy of their panel list of workers’ compensation healthcare providers. Typically, when an injured employee is in the workers’ compensation system, they only have access to wage loss benefits (usually two-thirds of their average weekly wage) and payment of their medical expenses by the workers’ compensation insurance company. However, where a third-party is responsible for causing injury to the employee—like here, where the employee is operating a company vehicle and is involved in an accident causing bodily injury—the driver of the commercial vehicle (employee) can also pursue compensation as part of a personal injury claim against the at-fault driver.

The huge benefit in this scenario is that the injured worker is not just limited to the benefits for economic losses that the workers’ comp system provides; the employee can also seek compensation for their non-economic losses, as well, as part of a third-party claim. This means that the value of this “hybrid” claim includes pain and suffering, loss of life’s enjoyment and other forms of compensation for non-economic damages that are not recoverable through a workers’ compensation claim in Pennsylvania. One other important piece of information pertaining to this situation: even if the driver of the commercial vehicle has elected the “limited tort” option under their own personal motor vehicle insurance policy, the injured employee is considered to be “full tort” for the purposes of their third-party bodily injury claim, as an operator of a business vehicle is an exception to limited tort and crosses the threshold into full tort status.

The attorneys at GLS Injury Law have handled hundreds of claims involving the interaction of motor vehicle and workers’ compensation law and have a wealth of experience navigating these complex claims and maximizing the recoveries for their clients. We know all of the intricacies of Pennsylvania’s Workers’ Compensation Act and Motor Vehicle Code, and we dedicate our entire legal practice to helping those injured on the road and/or job. GLS Injury Law protects our clients from big insurance and gets them the money they deserve. Please contact us anytime for a free consultation and evaluation concerning your claim.