Hurt as a Passenger in a Work Van or a Coworker's Car in Utah

Short answer: Everything turns first on one question: was the trip part of your job? If it was, workers' compensation pays for your treatment and part of your wages regardless of who was at fault, but you generally cannot sue your employer or the coworker who was driving. You can still bring a claim against another driver who caused the crash. If it was just a shared ride to get to work, there is usually no workers' comp, and your case is handled like any passenger's: the vehicle's PIP first, then a claim against the at-fault driver's insurance, even when that driver is your coworker.

The first question: was the trip work?

Utah law pays compensation to an employee hurt in an accident arising out of and in the course of employment (Utah Code § 34A-2-401). The daily trip to and from work, as a general rule, does not count. Utah courts call this the going and coming rule.

A Utah Supreme Court case shows how strict it can be. An equipment operator's employer designated a spot for workers to meet and carpool to a jobsite about sixty miles away, and provided a company truck to ferry some of them. The worker was hurt driving home in his own pickup, and the court upheld the denial of benefits: the trip fell within the going and coming rule, and his truck did not qualify for an exception (Jex v. Utah Labor Commission, 2013 UT 40).

The same decision recognizes that exceptions exist. One covers a special activity reasonably undertaken at the request or invitation of the employer, such as an errand the boss asked you to run. The court also explained that these questions are highly fact-dependent and that the Utah Labor Commission, which hears the evidence, is in the best position to decide them. That is why there is no automatic answer for "the work van." Things like these matter:

• Whether the trip was between one worksite and another during the workday, or the ride from home to work.
• Whether the employer asked or directed you to make the trip.
• Whether the employer controlled the vehicle or the trip, or it was only an arrangement among coworkers.
• Whether you were paid for the travel time.

If the trip was part of the job: workers' compensation

Workers' comp does not require proving anyone was at fault. It pays for your medical treatment and part of your lost wages under the system's rules. Tell your employer as soon as possible, preferably in writing and keeping a copy: the law requires prompt notice, and a claim for benefits is barred if neither the employer nor the state division is notified within 180 days after the injury (Utah Code § 34A-2-407).

Can I bring a claim against the coworker who was driving?

If the injury happened in the course of your employment, generally no. The statute makes workers' comp the exclusive remedy against the employer and also against any officer, agent, or employee of the employer, and says an action at law may not be maintained against them over the accident (Utah Code § 34A-2-105). That protection for the coworker is what is sometimes called co-employee immunity.

Notice that the statute ties that protection to injuries incurred in the course of or because of the employment. So the first question, whether the trip was work, also decides whether the coworker who was driving can be the subject of a claim.

The other driver can still be responsible

When another driver, not your employer or a coworker, caused the crash, you can receive workers' comp and also claim damages from that third party (Utah Code § 34A-2-106). That claim can include losses workers' comp does not pay, such as pain and the limits the injury puts on daily life.

The two claims affect each other. The comp carrier paying your benefits is entitled to be reimbursed in part from what you recover from the other driver, and the statute sets the order in which the money is divided. We explain it in what happens if you crash while working in Utah and in our write-up of Auto-Owners v. Labor Commission.

The PIP on the vehicle you were in

Utah auto insurance includes personal injury protection (PIP), and it covers any person injured while occupying the vehicle described in the policy with the named insured's express or implied consent (Utah Code § 31A-22-308). If you also have your own policy, the policy on the vehicle in use during the accident is primary (Utah Code § 31A-22-309(4)).

When the crash is work-related there is an adjustment: PIP benefits are reduced by the workers' comp benefits you receive or are entitled to receive (§ 31A-22-309(3)(a)). In practice, workers' comp often covers much of what PIP would pay. See how PIP works in Utah.

If it was a carpool outside of work

If you and a coworker simply took turns driving to work in one of your cars, the trip most likely falls under the going and coming rule. Then there is usually no workers' comp. And because the protection in section 34A-2-105 is tied to injuries incurred in the course of or because of the employment, a trip that was not work generally leaves the door open to a claim against the driving coworker's insurance.

In that case you are a passenger like any other. You open the PIP claim with the insurer of the car you were in. If you have or are required to have PIP coverage, claiming general damages such as pain and suffering requires more than $3,000 in medical expenses or another of the statute's conditions, such as a fracture or permanent disability based on objective findings (§ 31A-22-309(1)). That claim goes against the liability insurance of the driver who was at fault. If your coworker was at fault, the claim is in practice against their insurer, not their pocket. If both drivers shared the fault, it makes sense to claim against both. Our article on passenger injury claims in Utah explains how.

What if I am undocumented?

The definition of "employee" in Utah's workers' compensation law expressly includes "aliens and minors, whether legally or illegally working for hire" (Utah Code § 34A-2-104(1)(b)). That is what the workers' comp statute says; it is not advice about your situation.

We are a personal injury firm and do not handle immigration matters. If you are concerned about how a claim could relate to your immigration status, talk to an immigration attorney before you make decisions.

What to do now

• Get medical care and tell the provider you were hurt in a crash, and whether it was on a work trip.
• Notify your employer in writing and keep a copy.
• Write down who was driving, who owned the vehicle, who arranged the trip, and where you were going.
• Get the case number for the police report. Our guide on how to get your Utah crash report walks through the process.
• Get the name of the insurer for every vehicle involved.
• Do not give recorded statements to any insurer until you understand how the claims fit together. If language is a barrier, read talking to the insurance company if English isn't your first language.

Deadlines

Notice to your employer must be prompt and never later than 180 days. Most Utah injury lawsuits must be filed within four years, and if a government vehicle was involved, the notice of claim is due in one year. See the Utah filing deadlines.

Common questions

Can I be fired for making a claim against my coworker's insurance?

This guide does not cover employment rights. What we can say is that a claim against a driver is directed at that driver's liability insurance. If you are worried about your job, raise it in the consultation.

Who pays my medical bills in the meantime?

If the trip was work, workers' comp. If not, the PIP on the vehicle you were in. Read also about medical bills and liens.

What do you charge?

Our fee is one-third of the recovery, and the firm advances the case costs, which are repaid from the recovery. The consultation is free, and no attorney fees unless we win.

Talk to us

A crash in a work van can involve the comp carrier, the vehicle's insurer, and the other driver's insurer all at once. West Injury Law does not handle workers' compensation claims; the Utah Labor Commission explains the workers' compensation process. We do handle third-party injury claims, such as a claim against another driver, the maker of defective equipment, or a property owner, and we review those for free. An attorney reviews every case at intake, and once you hire us for the injury claim, we handle the communication with the insurers on that claim. Call (801) 921-5134 or send us a message.

Free consultation. No attorney fees unless we win. Hablamos Español.