A car accident during work hours can raise more complicated questions than an ordinary traffic collision. Depending on what the employee was doing when the crash happened, the incident may involve workers’ compensation, a claim against another driver, commercial auto insurance, or more than one source of coverage.
Being on the clock doesn’t automatically decide which rules apply. The purpose of the trip, the employee’s job duties, who owned the vehicle, and who caused the collision may all affect the available options. An Omaha car accident lawyer can review these details and help determine which claims, policies, and deadlines may apply.
Key takeaways
Under Nebraska workers’ compensation law, an injury generally must arise out of and occur in the course of employment to qualify for benefits. Whether a crash meets that standard depends on the circumstances of the trip.
A collision may be considered work-related when an employee was:
An accident during normal working hours may support the connection to employment, but working hours alone don’t resolve it. Investigators may also examine where the employee was going, why the trip was necessary, and whether the employer directed or benefited from the travel.
What about commuting to or from work?
Crashes during an ordinary commute are often treated differently from accidents while performing a work assignment, but the result may depend on the facts. Questions can arise when the employee:
Because exceptions may apply, don’t assume a crash is excluded from workers’ compensation just because it happened while traveling to or from work.
Nebraska workers’ compensation may provide benefits when an employee is injured in a qualifying accident arising out of and in the course of employment. It’s generally a no-fault system, so the employee ordinarily doesn’t have to prove the employer caused the collision.
Depending on the injury and applicable rules, benefits may include:
Workers’ compensation doesn’t ordinarily provide the same categories of compensation as a personal injury claim — for example, it generally doesn’t compensate for pain and suffering.
Nebraska law also generally makes workers’ compensation the exclusive remedy against an employer for injuries covered by the Nebraska Workers’ Compensation Act. That usually means an injured employee can’t bring an ordinary negligence lawsuit against the employer for the same covered injury. Exceptions and questions about whether the law applies should be reviewed on the specific facts.
Potentially. If someone other than the employer or a coworker caused the crash, the injured employee may have a third-party personal injury claim in addition to workers’ compensation.
For example, an employee making a delivery could be struck by a driver who ran a red light — eligible for workers’ compensation because the crash happened while performing duties, and also potentially able to bring a negligence claim against the at-fault driver. A third-party claim may seek losses not fully addressed through workers’ compensation, including:
Receiving workers’ compensation doesn’t necessarily prevent a claim against a responsible third party. But Nebraska’s subrogation laws may give the employer or workers’ compensation insurer an interest in money recovered from that third party, which can affect settlement negotiations and how funds are distributed. Nebraska law also imposes requirements on settling certain third-party claims involving workers’ compensation, so understand the carrier’s interest before signing a release or accepting a settlement.
Liability depends on how the accident occurred and the relationships among those involved. Potentially responsible parties may include:
More than one party may share responsibility for the same accident.
Vehicle ownership may affect which policies need review, but it doesn’t by itself determine liability. A work-related crash may involve an employer-owned vehicle, a leased commercial vehicle, a rental, the employee’s personal car, a vehicle owned by another business, or a coworker’s vehicle.
Relevant coverage may include the employer’s commercial auto policy, the employee’s personal auto policy, the at-fault driver’s liability insurance, workers’ compensation coverage, and uninsured or underinsured motorist coverage. Disputes sometimes arise when an employee uses a personal vehicle for business — an insurer may examine how often the vehicle was used for work, whether the policy has business-use restrictions, and whether the employer provided separate coverage.
A work-hours collision may require evidence about both the accident and the employment relationship. Useful records may include:
Electronic evidence may be overwritten or deleted under routine business practices, so a timely preservation request can be important — especially when a commercial vehicle or business is involved.
Safety and medical needs come first. Depending on the circumstances, an injured employee may consider:
If law enforcement did not investigate the crash, Nebraska generally requires a driver to submit a Driver’s Motor Vehicle Crash Report within 10 days when the crash caused injury, death, or at least $2,000 in property damage; that $2,000 threshold applies to crashes on or after July 18, 2026, and a different threshold may apply to earlier crashes. (Neb. Rev. Stat. § 60-699 — confirm before relying on it.)
A work-related collision can involve several separate deadlines.
Nebraska generally requires an employee to notify the employer of a work injury as soon as practicable. Workers’ compensation claims are also subject to a statutory filing period — generally two years — though payments, agreements, the timing of injury discovery, and other circumstances may affect the calculation. A Nebraska negligence claim is generally subject to a four-year limitations period, and different or shorter requirements can apply to claims involving government entities, wrongful death, minors, or other special circumstances.
Don’t treat these periods as permission to wait. Evidence can disappear, witnesses can be hard to locate, and insurers may impose separate notice requirements. Confirm the deadline that applies to your specific claim.
Nebraska uses a modified comparative-negligence system in many personal injury cases. A claimant’s compensation may be reduced by their percentage of negligence, and a claimant generally can’t recover when their negligence is equal to or greater than the combined negligence of the parties they’re recovering from. (Neb. Rev. Stat. § 25-21,185.09.)
This can arise if an insurer argues the employee was distracted by a work device, drove too fast for conditions, made an unsafe turn, or otherwise contributed. Scene evidence, vehicle data, witnesses, and electronic records may matter when fault is disputed. Comparative negligence in a third-party claim shouldn’t be confused with workers’ compensation, which generally doesn’t require the employee to establish another person’s fault.
Legal guidance may be useful when:
An attorney may review how the workers’ comp case and any third-party claim relate, identify potentially applicable policies, preserve evidence, and explain how a proposed settlement could affect other benefits.
Can I receive workers’ compensation if I caused the car accident? Workers’ compensation generally turns on whether the injury arose out of and in the course of employment, not on who caused the crash. Eligibility still depends on the facts, and certain conduct could raise additional issues.
Can I pursue workers’ compensation and a claim against the other driver? Possibly. An employee injured while working may qualify for workers’ compensation and also have a third-party claim against an outside driver. Subrogation rules may affect how a third-party recovery is distributed.
What if I was driving my personal car for work? Using a personal vehicle doesn’t necessarily prevent a crash from being work-related. The purpose of the trip and its connection to your duties may matter more than who owned the vehicle, and both personal and commercial policies may need review.
Is driving during a lunch break work-related? It depends on the purpose of the trip. An ordinary personal lunch trip may be treated differently from one that included a delivery, bank deposit, supply pickup, or another assignment.
What if the other driver didn’t have enough insurance? Uninsured or underinsured motorist coverage may be available under a personal or commercial policy. Policy language, vehicle ownership, and your status under the policy may affect coverage.
Can I sue my employer after a work-related car accident? Nebraska workers’ compensation is generally the exclusive remedy against an employer for a covered workplace injury. Claims involving an outside driver, manufacturer, contractor, or another responsible party may be treated differently, and any possible exception should be reviewed individually.
Car accident claims involving employees who were driving during work hours may become more complicated when questions arise about whether the trip was work-related, who caused the collision, vehicle ownership, employer responsibility, workers’ compensation benefits, automobile insurance coverage, medical causation, available policy limits, or the extent of the injured person’s losses.
Evaluating these issues may require reviewing police reports, photographs, video recordings, witness statements, medical records, work schedules, employment records, delivery or dispatch instructions, GPS data, insurance policies, vehicle-ownership records, wage information, vehicle-damage documentation, and communications with employers or insurance adjusters. Organizing this evidence may help clarify whether the accident occurred in the course of employment, who may be responsible, which insurance policies or benefits may apply, and what issues remain disputed.
If you were injured in an Omaha car accident while performing work-related duties, Inkelaar Law can help you understand the factors that may affect your claim. The firm can also discuss matters that may deserve consideration before providing a recorded statement, signing a medical authorization, accepting a settlement, signing a release, or allowing an applicable workers’ compensation, legal, or insurance deadline to pass.
You may contact Inkelaar Law to request a free consultation.
Call: 1-833-INK-WINS
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Serving Omaha, Douglas County, and communities throughout Nebraska.
Disclaimer: The information in this article is intended for general educational and informational purposes only. It is not legal advice and should not be interpreted as legal advice for any specific situation. Reading this content does not establish an attorney–client relationship. If you have questions about your circumstances or need guidance on a legal matter, consider consulting with a licensed attorney in your state.
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