Hurt in a Car Accident While Working in Nebraska? You May Have Two Claims
A car accident that happens while you're doing your job puts you in a different legal position than an ordinary commuter crash — and a lot of people, including some insurance adjusters, don't explain it correctly. If you were hurt in a crash while making a delivery, running an employer's errand, driving between job sites, or behind the wheel of a company vehicle, you may have two separate claims, not one.
When a Car Accident Counts as a Work Injury in Nebraska
Generally covered by workers' compensation: driving to make deliveries, sales calls, or client visits; traveling between job sites during the workday; running an employer's errand; and driving a company vehicle for work purposes.
Generally not covered: your ordinary commute to and from a fixed workplace, under what's known as the "coming and going" rule — though there are exceptions for employees whose job requires regular travel, such as delivery drivers, traveling sales reps, and home health workers.
One important point: Nebraska's workers' compensation system is no-fault. Even if you caused the crash, or fault is disputed, that doesn't bar your workers' comp claim the way it could bar an ordinary car accident claim.
What Workers' Comp Covers
Medical bills related to the injury, and two-thirds of your average weekly wage for time missed work (after a short waiting period). It does not cover pain and suffering, and it only covers a fraction — not all — of your lost wages.
What a Third-Party Claim Adds
If another driver caused the crash, Nebraska law lets you pursue a separate personal injury claim against that driver, in addition to your workers' comp claim. A third-party claim can recover what workers' comp cannot: pain and suffering, your full wage loss rather than two-thirds, loss of future earning capacity, and — if you're married — your spouse's claim for loss of consortium.
Your employer's workers' comp insurer generally has a right of reimbursement, called subrogation, out of any third-party recovery, for the workers' comp benefits already paid. This right exists under Nebraska law, but the exact amount owed back is typically negotiated as part of resolving the third-party case — not simply deducted dollar-for-dollar without discussion.
What If a Semi-Truck or an Uninsured Driver Was Involved?
Serious work-related crashes can layer more than two claims: workers' comp, a third-party claim against the other driver or a trucking company, and — if the at-fault driver is uninsured or underinsured — a claim under your own uninsured/underinsured motorist coverage.
What to Do First
- Report the injury to your employer immediately, regardless of fault — this starts your workers' comp claim clock, and Nebraska generally gives you two years from the date of injury to file.
- Get the same accident-scene documentation you would for any crash: police report, photos, the other driver's insurance information.
- Don't assume workers' comp "handles everything." A meaningful amount of value gets left on the table every year by injured workers who never pursue the separate third-party claim they were entitled to.
Frequently Asked Questions
If I was hit by another driver while working, do I file a workers' comp claim or a car accident claim?
Often both. Report the injury to your employer to start a workers' comp claim, which covers medical bills and partial wage loss regardless of fault, and separately pursue a claim against the at-fault driver for damages workers' comp doesn't cover, like pain and suffering and full wage loss.
Does my employer's workers' comp insurer get paid back out of my settlement with the other driver?
Generally yes, through a subrogation right under Nebraska law, but the exact amount is typically negotiated rather than simply deducted in full, and an attorney can often reduce what's owed back.
Does it matter whether I was at fault for the crash?
For workers' comp, no — Nebraska's workers' comp system is no-fault. For a third-party claim against another driver, fault matters, and Nebraska's modified comparative negligence rule applies, meaning you can recover as long as you're less than 50% at fault.
Is my commute to work covered by workers' comp if I'm in an accident?
Usually not, under the coming-and-going rule, but there are exceptions for employees whose job requires regular travel, such as delivery drivers, sales reps, or home health workers. Whether your specific commute is covered depends on the facts.
Two Claims, One Attorney Who Handles Both
Most firms handle either workers' compensation or car accident claims — I handle both, which matters enormously when a single crash touches both systems. I've recovered more than $23,000,000 for injured Nebraskans across workers' comp and personal injury cases, including a $1,050,000 workers' comp lump-sum settlement, and my firm was voted Best of Omaha for personal injury law in 2025 and 2026.
Book Your Free Consultation — (402) 933-3345