Indiana Workers Injured in On-the-Job Car or Truck Accidents: Why Workers’ Comp Alone Isn’t Enough

July 30, 2026

• Workers’ compensation can cover a lot after an on-the-job car or truck accident, but it might not cover all of the damages you may have incurred.
• You can also file a civil claim against the party responsible for the accident, whether it is another driver, a delivery or trucking company, or a state or local government. This can help you get the compensation you need to be made whole.
• However, these dual claims can impact each other. That’s why it is so important to work with an experienced Indiana car or truck accident lawyer.

Workers’ compensation was one of the great labor developments of the 20^th century, bringing stability and fairness to what had been an incredibly adversarial process. Of course, there are many exceptions, and employers will sometimes try to push back against claims, but workers’ comp can be a lifeline.

But far too often workers’ comp alone isn’t enough to cover all the costs you might incur, particularly if you’ve been injured while driving on the job, although you may be entitled to pursue an additional civil case against the parties who caused your accident. Doing so requires an experienced Indiana car accident or truck accident lawyer who can help you get the compensation necessary to heal.

Two Separate Legal Systems for On-The-Job Car and Truck Accidents

You drive for your job. Maybe you’re on a construction crew, or a home health aide, or a sales rep. It could be anything. And whether you are at a dangerous intersection on the Lloyd Expressway in Evansville, motoring through the Borman Expressway in Hammond, or anywhere in between, you know Indiana traffic can be bad. The more you’re in it, the more chance there is of a crash.

This can mean dealing with two separate legal systems. The first is the Indiana workers’ compensation system, where the claims process is relatively straightforward.

But if your accident involves an outside party, it may also trigger a personal injury case in the state’s civil litigation system, which could be a blessing in disguise, since your workers’ compensation benefits might fall woefully short of your needs.

What’s Covered by Workers’ Compensation

When you take a job that entitles you to workers’ compensation, you’re making an exchange. You are guaranteed full, no-fault benefits. However, according to the “exclusive remedy” rule, workers are “not allowed to sue their employers in a civil action, even if the employer was at fault and the worker was free from blame.”

Why does that matter?  Because the most common workers’ comp benefits are:

• Medical treatment
• Temporary Total Disability payments (usually two-thirds of your average weekly wage)
• Compensation for permanent injuries

That might seem substantial, but see what isn’t included, like full wages, compensation for pain and suffering or a reduced quality of life, or reimbursment for bills that aren’t deemed “reasonable and necessary,” even if they clearly are.

So what can you do?

File a Separate Claim Against the Responsible Party

The good news is that filing a claim against the party responsible for the accident does NOT negate your workers’ compensation claim. This is likely to come into play because most car or truck accidents involve at least one outside party.

Let’s say you are driving in Greenwood, around US 31 and 900. You’re on the job, driving through this construction zone. Suddenly a car comes out of the roundabout and hits you. You’re going to miss a lot of work, and your medical bills are piling up. Workers’ comp won’t cover all your lost wages, much less your pain and suffering.

What you’ll probably need to do is file a claim against the responsible party. This could be:

• The driver who hit you
• The driver’s employer, such as a delivery service like FedEx, Amazon, or UPS or a large trucking company
• The city or state in charge of maintaining the road
• The construction company, contractors, or subcontractors repairing the road

Sometimes even more parties could be responsible, with each of them sharing different levels of liability.

It can be complicated. And it’s one of the main reasons why hiring a qualified lawyer is important. But it’s not the only reason.

The Big Workers’ Comp Catch: Why You Need an Experienced Accident Attorney

Indiana Code 22-3-2-13 states that your employer has the right to be reimbursed for what it pays out from any third-party claim. It’s called subrogation, which is a boring legal term, but it could have a huge impact on your life.

If you settle your civil case too quickly, or without coordinating with your employer’s workers’ comp carrier, you could actually end up owing money to your employer. An insurer may also try to offer you a quick settlement for less than it might truly owe. Accepting it could give the comp carrier the opportunity to say that the accident wasn’t that bad (which is what the insurance company is basically saying), and your workers’ comp claim could be undermined as a result.

That’s why it’s critical to partner with an experienced attorney who is equally familiar with personal injury law AND workers’ compensation law and can ensure that both of your claims support each other rather than work against each other – and against your best interests.

Reach Out to Our Knowledgeable Indiana Car and Truck Accident Attorneys

The lawyers who will fight for you after an on-the-job car or truck accident are at Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

Simply call us at (317) 472-3333, chat with us online, or fill out our contact form now for a free consultation with a knowledgeable Indiana car accident attorney.