If you’re injured in a car accident while performing your job duties, you may assume you have either a workers’ compensation claim or a personal injury claim against the negligent driver—but not both.
In Montana, that isn’t necessarily true.
If another driver’s negligence caused the accident, you may have a claim against that driver in addition to a claim under the Montana Workers’ Compensation Act. Failing to pursue both claims on time could mean leaving significant compensation on the table.
Here’s how the two claims work and why the distinction matters.
Why Workers’ Compensation Isn’t Always Your Only Remedy
Montana’s workers’ compensation system is built on a trade-off. It is a no-fault system, meaning you don’t have to prove your employer did anything wrong to receive medical and wage-loss benefits after a work-related injury.
In exchange, you generally cannot file a negligence (“tort”) claim against your employer. Workers’ compensation is, with limited exceptions, the exclusive remedy for workplace injuries involving your employer.
However, workers’ compensation does not compensate injured workers for general damages such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent changes to your quality of life
That trade-off applies only to your employer.
If someone other than your employer or a co-worker caused your injuries—such as:
- A driver who ran a red light
- A contractor who created a dangerous job-site hazard
- A manufacturer that sold defective equipment
—you may also have a separate personal injury claim against that individual or company.
A Common Example: Work-Related Car Accidents
This situation frequently arises after work-related motor vehicle accidents.
If another driver causes a crash while you’re:
- Making a delivery
- Traveling between job sites
- Running an errand for your employer
- Performing other job-related duties
you may have two separate claims available.
Workers’ Compensation
Your employer’s workers’ compensation insurance may provide benefits for:
- Medical treatment
- A portion of your lost wages
These benefits are generally available regardless of who caused the accident.
Personal Injury Claim
You may also pursue a claim against the at-fault driver for damages that workers’ compensation does not cover, including:
- Pain and suffering
- Medical expenses
- Lost wages
- Other accident-related damages allowed under Montana law
Both claims can move forward at the same time. One does not automatically eliminate the other.
However, each claim has its own legal requirements and filing deadlines, making it important to protect both.
The Accident Must Occur While You’re Working
Workers’ compensation generally covers accidents that happen while you’re actively performing your job duties.
For example, coverage often applies if you’re:
- Driving to a client meeting
- Making deliveries
- Traveling between work locations
- Running an errand for your employer
Workers’ compensation generally does not apply if you’re:
- Running a personal errand
- Off the clock for lunch
- Commuting to or from work
There are exceptions. For example, coverage may exist if your employer provides your transportation or driving itself is part of your job.
If you’re unsure whether your accident qualifies, the attorneys at Carey Law Firm can help evaluate your situation.
Why Having Both Claims Matters
Workers’ compensation benefits and personal injury claims serve different purposes.
Workers’ compensation typically provides:
- Medical benefits
- Partial wage-loss benefits
A personal injury claim may allow recovery for much broader damages, including:
- Pain and suffering
- Full lost wages (where applicable)
- Medical expenses
- Future damages
- Other financial losses caused by the accident
If you’ve suffered serious injuries that require extensive treatment or keep you from returning to work, making sure both claims are properly pursued can make a substantial difference in your overall recovery.
Insurance companies generally will not explain all of your legal options. Their goal is often to minimize what they pay under both claims.
Properly coordinating a workers’ compensation claim and a personal injury claim helps protect your rights while maximizing the compensation available under the law.
How Carey Law Firm Can Help
The attorneys at Carey Law Firm have decades of experience handling both workers’ compensation and personal injury claims throughout western Montana.
We understand how these claims interact and work to ensure our clients receive every benefit and every form of compensation available under the law.
If you were injured in a work-related car accident in Missoula, Hamilton, or anywhere in western Montana, contact Carey Law Firm for a free consultation to discuss your rights and your options.
Disclaimer
This article is intended to provide general information about Montana workers’ compensation and personal injury law and should not be relied upon as legal advice. Whether an incident qualifies for workers’ compensation benefits, supports a third-party personal injury claim, or both depends on the specific facts of each case. If you have questions about your situation, consult with an attorney.