What If You’re the Passenger in an Uber Accident?
Posted in: Car Accidents
KNR Legal Blog
When it comes to job-related auto accidents in Ohio, not only are you dealing with your injuries and the stress of recovery, but you may also need to navigate the workers’ comp system and a potential personal injury claim against the at-fault driver or their employer. These overlapping claims can feel overwhelming, especially when employers, insurance companies, and opposing attorneys are all involved.
At Kisling, Nestico & Redick, our experienced and highly successful Ohio car accident lawyers understand how difficult this can be. For over 20 years, we’ve helped Ohio workers and accident victims recover the compensation they deserve. Call KNR today at 1-800-HURT-NOW for a free, no-risk consultation.
Generally, a car accident qualifies as an on-the-job collision if it occurred while performing duties connected to your job. This might include driving between worksites, transporting coworkers, making deliveries, or running errands at your employer’s request.
Ohio follows what’s known as the “coming and going” rule, which usually excludes accidents during your everyday commute to and from work. However, there are important exceptions, such as if travel is required for your job or if you are a remote employee whose travel time is compensated.
Because these rules are often misunderstood and aggressively contested by insurers, having an attorney who knows how to prove your accident was job-related is critical. At Kisling, Nestico & Redick, we’ve helped countless Ohio workers secure compensation in these exact situations.
In Ohio, you may have two possible paths to recovery after a car accident where you were driving for work: a workers’ compensation claim through your employer and, in many cases, a lawsuit against the at-fault driver’s insurance. Understanding how these claims interact is critical to securing the compensation you need and moving on with your life.
If your accident happened “during and arising out of employment,” you are generally entitled to workers’ compensation benefits. This system is designed to provide:
Ohio’s Workers’ comp is a no-fault system. This means you don’t have to prove negligence to qualify. However, workers’ comp has limits: you cannot recover compensation for pain, suffering, or long-term quality of life losses.
If another driver’s negligence caused an accident while driving for work, you may also pursue a personal injury lawsuit in addition to workers’ compensation. Unlike workers’ comp, a personal injury claim allows you to seek full compensation, including:
It’s important to note that if you win a personal injury case, your employer or their insurer may have a right of subrogation, meaning they can be reimbursed for benefits already paid. At Kisling, Nestico & Redick, we have the experience to negotiate these issues strategically, so you don’t walk away with less than you deserve.
Maybe you were rear-ended while delivering supplies, sideswiped on your way to a client meeting, or injured when another driver ran a red light while you were driving between job sites. No matter the situation, if you’re injured in a car accident while on the job in Ohio, make sure to:
What Should I Do After a Motor Vehicle Accident?
Not every work-related car accident is about an employee getting hurt while doing their job. Sometimes, the other driver or even a pedestrian ends up injured because someone was on the clock for their employer when the crash happened.
For example, maybe a delivery truck ran a red light, or a rideshare driver caused a rear-end collision while rushing to a pickup. In situations like these, you may be able to hold both the driver and their employer responsible under Ohio’s vicarious liability laws.
In Ohio, the employer can be held responsible when an employee causes a crash while performing job duties. This doctrine is called respondeat superior, and it recognizes the employer’s benefit from the work; therefore, they may share liability for accidents caused during employment.
Employers are not always responsible if an employee causes a car wreck. If the worker was on a personal errand (a “frolic and detour”), acted outside the scope of their job, or engaged in intentional misconduct, liability may fall only on the driver. These cases often require a close review of the facts to determine whether the employer can be brought into the claim.
Holding the employer accountable can distinguish between a minimal settlement and one that fully covers your losses. Businesses typically carry higher insurance limits than individual drivers, which means greater resources may be available to compensate for medical bills, lost wages, pain and suffering, and long-term care needs.
Yes. Workers’ compensation will cover your medical bills and a portion of your lost wages. Still, it does not provide compensation for pain and suffering, emotional distress, or the full value of lost income and benefits. Suppose another driver’s negligence caused your crash, such as a distracted driver rear-ending you while you were making deliveries. In that case, you may be able to file a personal injury lawsuit in addition to your workers’ comp claim.
Both claims can move forward simultaneously, but they must be carefully coordinated. For example, your employer or their insurer may have a subrogation right to be reimbursed for the benefits they paid. At KNR, we know how to navigate these overlapping claims so you maximize your total recovery.
Often, yes. Under Ohio’s respondeat superior doctrine, an employer can be held liable for an accident caused by an employee acting within the scope of their job duties. This typically means the employer’s commercial insurance coverage applies, often providing higher policy limits than an individual driver’s insurance.
For example, if you’re struck by a delivery driver rushing to meet a deadline or a utility worker traveling between job sites, the employer may share responsibility for your damages. However, liability may rest with the driver alone if the employee was on a personal detour or engaged in misconduct.
Yes. If you were performing job duties when the accident happened, workers’ comp may apply even if you were driving your vehicle. Examples include traveling to a client meeting, transporting supplies, or driving coworkers. What matters most is whether your trip was connected to your employer’s business. Insurance coverage may involve your auto insurance and your employer’s workers’ comp, making legal guidance essential.
Usually, yes. Workers’ comp covers accidents in company vehicles if you were using the car for business purposes, such as visiting a job site or making a delivery. However, your claim may be denied if you were running a personal errand unrelated to your work duties. These cases often require careful fact-gathering to prove that your travel was part of your job. KNR has helped many workers overturn denials by demonstrating that their trip was legitimately work-related.
A denial does not mean the end of your case. Many valid claims are denied initially because of incomplete paperwork, disputes about whether the trip was job-related, or challenges from the employer’s insurer. In Ohio, you have the right to appeal through the Industrial Commission, and many denials are overturned with the right evidence and advocacy. KNR has decades of experience representing injured workers in these appeals, ensuring they don’t miss out on the benefits they deserve.
Generally, no. Workers’ compensation in Ohio is designed for employees, not independent contractors. However, some employers misclassify workers as contractors to avoid paying benefits. You may still be entitled to coverage if you were effectively treated like an employee, such as using company equipment, working set hours, or under employer supervision. An attorney can help determine your employment status and fight for the benefits you should receive.
Workers’ comp is a no-fault system, so you may still qualify for benefits even if you caused the crash. For personal injury claims, Ohio follows modified comparative negligence. You can recover damages if you were less than 51% at fault, but your award will be reduced by your share of responsibility.
The key is whether your travel or activity was connected to your employer’s business. Driving between worksites, delivering goods, or attending client meetings usually qualifies. Running personal errands even in a company car does not. KNR can analyze your situation to see if your accident meets the legal test.
You generally have one year to file a workers’ comp claim and two years to file a personal injury lawsuit. Missing these deadlines can bar you from recovery, so acting quickly is essential.
These cases often involve overlapping claims, multiple insurance companies, and liability disputes. Without legal help, you risk leaving money on the table or losing benefits altogether. KNR’s team knows how to handle workers’ comp and personal injury claims to protect your rights from every angle.
Work-related car accidents are rarely straightforward. Whether you were injured while driving for your job or hit by someone else who was working at the time, your case may involve overlapping claims, multiple insurers, and complex Ohio workers’ comp rules. Having the right attorney ensures you don’t miss critical deadlines, lose benefits, or settle for less than you deserve.
At Kisling, Nestico & Redick, we bring decades of experience handling worker injuries and third-party personal injury claims. Our team knows the ins and outs of Ohio’s legal system, has a record of success, and is deeply connected to the communities we serve. We fight to maximize every avenue of recovery so our clients can focus on healing.
Don’t wait to protect your rights. If you were hurt in a car accident while on the job—or injured by someone driving for work, our team is ready to help. Time limits apply to Ohio workers’ comp claims and personal injury lawsuits, so acting quickly is critical.
Call Kisling, Nestico & Redick today at 1-800-HURT-NOW for a free, no-risk consultation and let us help pursue the full compensation you deserve.