Personal Injury
· Updated

Hurt in a Car Accident Commuting or While Working in Utah: Workers' Comp vs. Auto Claims

General information, not legal advice. Read the full disclaimer.

Short answer: Utah workers' compensation covers injuries "arising out of and in the course of" employment (Utah Code § 34A-2-401). Utah courts apply a "going and coming rule": injuries on the way to or from work are generally not covered, subject to exceptions. In Jex v. Utah Labor Commission, the Utah Supreme Court held that a worker injured driving home in his own car fell within the going-and-coming rule rather than the "instrumentality" exception. A crash during work tasks (driving between job sites, making deliveries) is different, and you can often claim both workers' compensation and damages from a negligent third-party driver (§ 34A-2-106). Your auto PIP is reduced by workers' compensation benefits you receive or are entitled to receive (§ 31A-22-309(3)).

Who this guide is for

Utah workers hurt in a crash on the way to work, between job sites, or while driving for work — and their families.

Step 1: Was the trip "in the course of employment"?

The Legislature hasn't defined "course of employment" in detail, and Utah courts have developed rules and exceptions. Based on summaries of the cases:

  • General rule (going and coming): injuries during an ordinary commute are not covered. Jex applied this rule to a worker driving home in his own car.
  • Exceptions courts recognize (the facts matter): the employer furnishes transportation or pays for the trip; the vehicle is an instrumentality of the employer's business (courts look at the employer's control over the vehicle's use and the benefit the employer gets); a special errand or mission for the employer; and hazards at the entrance and exit to the workplace. In Jex, the court rejected the argument that the employer's benefit from work-related use of the vehicle made the commute compensable.
  • Work trips: driving from one job site to another, or while running a work errand, is generally within the course of employment.

We could not review every Utah case on this point; whether your trip qualified is a legal question for a workers' compensation attorney or the Labor Commission. See Utah Workers' Compensation Basics and How to File a Utah Workers' Compensation Claim.

Step 2: Workers' comp and the other driver's insurance

If a negligent third party caused the crash:

  • You can claim workers' compensation and also sue the third party for damages (§ 34A-2-106(1)).
  • The comp insurer becomes trustee of the cause of action if it pays compensation and may bring the action; you must give written notice of intent before proceeding against the third party (§ 34A-2-106(2)–(3)).
  • Recoveries are shared under § 34A-2-106(5): the expenses of the action, including attorney fees, are shared proportionately, and the person liable for compensation is reimbursed for payments made, less a proportionate share of fees and costs.

See Utah Workers' Comp: Third-Party Claims and Can You Sue Your Employer in Utah After a Work Injury?.

Step 3: Auto insurance when workers' comp applies

  • PIP benefits are reduced by workers' compensation benefits you receive or are entitled to receive (§ 31A-22-309(3)(a)), so PIP and comp don't pay twice.
  • UM coverage doesn't cover benefits provided by workers' comp, isn't subrogated by the comp carrier and isn't reduced by those benefits, but you're credited an amount described in § 34A-2-106(5). See Utah Uninsured and Underinsured Motorist Claims.
  • The tort threshold still applies to general damages from the at-fault driver. See Utah's No-Fault Tort Threshold.

If you were driving for a rideshare, delivery or contract job

Classification as employee or independent contractor can control whether workers' compensation applies. Rideshare drivers are classified by statute as independent contractors of the TNC (Utah Code § 13-51-103). See Utah Rideshare Accident Claims and Hit by a Delivery or Work Vehicle in Utah.

What to do

  1. Report the injury to your employer promptly (deadlines apply) and get medical care.
  2. Tell the comp carrier and your auto insurer how the crash happened and what you were doing.
  3. Document the trip: destination, purpose, who directed it, whether you were paid for travel time.
  4. Preserve crash evidence and get the report. See How to Request a Utah Accident Report.
  5. Talk to a lawyer before settling with any insurer; releases can affect comp rights.

Frequently asked questions

Is my commute covered by workers' comp in Utah?

Generally not under the going-and-coming rule, with exceptions that depend on the facts.

Can I get workers' comp and sue the other driver?

Yes, if the crash was in the course of employment and a third party was at fault; the comp carrier has reimbursement rights.

Does my auto PIP still pay?

PIP is reduced by workers' compensation benefits you receive or are entitled to receive.

Who do I tell first?

Your employer (promptly), then the insurers; ask about deadlines.