Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
Work-related driving is a standard part of many jobs in Tulsa. Driving for work can involve everything from making deliveries or meeting clients to running errands for your employer.
But what happens if you’re involved in a car accident while driving for work? The process of seeking compensation can get confusing. This is especially true when both workers’ compensation and personal injury claims come into play.
In this blog, we’ll walk through what qualifies as a work-driving injury, how claims work in Oklahoma, and what you need to know if you’re hurt behind the wheel on the job.
Not every accident during work hours counts as “on the job.” If you were driving as part of your work duties (such as delivering products, visiting a job site, or attending meetings), your injury may qualify for workers’ compensation benefits. However, injuries from your regular commute generally do not qualify.
Oklahoma law recognizes a driving-related injury as work-related when the task is part of your employment. Even if you were using your car, you’re still eligible for coverage as long as the trip was job-related.
Under Oklahoma law, workers’ compensation may apply even if the injured employee was driving a personal vehicle, as long as the activity was job-related.
Two types of claims may apply when you’re injured while driving for work in Tulsa. First, there is workers’ compensation, which covers injuries that occur during employment.
This includes medical expenses and partial wage replacement. It doesn’t matter who caused the accident. In other words, you don’t have to prove fault or liability to receive compensation.
But in some situations, you may also have a third-party claim. If another driver caused the accident, you can seek damages through their auto insurance. If the insurance company refuses to offer a fair settlement, you may file a personal injury lawsuit.
This type of claim could provide additional compensation, like pain and suffering damages. This is an example of a struggle that an accident may cause, which workers’ comp doesn’t cover.
The Oklahoma Statute of Limitations allows two years from the date of a car accident to file a personal injury lawsuit, but only one year for workers’ compensation claims.
Understanding when each type of claim applies is crucial. Sometimes, both claims can proceed at the same time. However, the damages you collect may be coordinated to avoid double recovery.
The first step after an accident is to seek medical attention. Your health and safety come first. Delaying treatment may also hurt your claim. Notify your employer next. Oklahoma workers’ compensation law requires employees to report an injury to their employer within 30 days. The sooner you report it, the stronger your case will be.
File a workers’ compensation claim with the Oklahoma Workers’ Compensation Commission. You may also need to work with your employer’s insurance provider.
If a third party caused the crash, collect as much evidence as possible (like photos, police reports, and witness names) and consider speaking to a lawyer before engaging with the other driver’s insurer.
In 2022, the Oklahoma Workers’ Compensation Commission reported that transportation-related work injuries made up nearly 12% of all claims statewide.
Work-related car accidents can result in a range of damages. With workers’ compensation, you may receive medical care, wage replacement (usually two-thirds of your wages), and mileage reimbursements.
A third-party personal injury claim can lead to broader compensation. This might include complete wage loss, future income impact, pain and suffering, emotional distress, and even loss of enjoyment of life.
Here’s how the two compare:
Factor | Workers’ Compensation | Third-Party Injury Claim |
| Covers Medical Expenses | Yes | Yes |
| Lost Wages | Partial (2/3 of wages) | Full (if proven) |
| Pain & Suffering | Not Covered | Covered |
| Filing Deadline | 1 year from injury | 2 years from accident |
| Can Sue Employer? | No | Rare (only for gross negligence) |
| Can Sue Negligent Driver? | No | Yes |
Many people assume that using a personal car disqualifies them from workers’ comp. That’s not true if you were injured while driving for your employer.
Others fear retaliation for filing a claim. However, Oklahoma law prohibits retaliation. Workers have protection under state law if an employer tries to retaliate.
There is also confusion over the distinction between employee and independent contractor status. This distinction can affect your eligibility, so it’s essential to understand how you’re classified.
The outcome of any case depends on its specific facts. Past results do not guarantee future outcomes.
Not all cases need a lawyer, but legal support becomes essential if:
A knowledgeable attorney can help you navigate Oklahoma’s laws and ensure your rights are protected.
Yes, as long as you were performing work duties at the time of the accident, you may qualify for workers’ compensation. This is the case even if you were using your vehicle instead of a company car.
You may be eligible to file a third-party personal injury claim in addition to receiving workers’ compensation benefits if another driver was at fault. This allows you to recover damages that workers’ comp doesn’t cover.
Oklahoma law prohibits employers from retaliating against workers for filing a valid claim. If you face termination, demotion, or threats, you may have grounds for a retaliation case and should seek legal advice immediately.
Workers’ compensation doesn’t cover pain and suffering. Still, if a third party was responsible for your accident, you may pursue a personal injury claim to recover these types of non-economic damages through that process
You can file a claim without a lawyer, but legal help becomes crucial if your case involves third-party liability, is denied, or gets complicated. A lawyer protects your rights and helps you meet critical deadlines.
Independent contractors typically aren’t covered under workers’ comp laws. However, you may still be able to pursue a personal injury claim if someone else’s negligence caused your injury while performing work-related tasks. Legal review is essential.
Getting injured while driving for work in Tulsa can open the door to multiple types of claims. Whether you qualify for workers’ compensation, have a valid third-party claim, or both, understanding how Oklahoma laws apply to your situation is essential.
Reporting the injury on time, knowing your rights, and navigating insurance coverage can make a significant difference in your recovery, both physically and financially.
If you’re unsure about your options or if your claim has been denied, Graves McLain Injury Lawyers can help. Our team understands the complexities of work-related driving accidents and offers guidance tailored to your case.
Contact us today for a free consultation to discuss your rights and next steps.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
