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Injured in a Car Accident While Driving to Work in Van Nuys?

Van Nuys is a busy hub in the heart of the San Fernando Valley — and if you commute through it, you already know how risky the roads can be. Heavy traffic, distracted drivers, and congested intersections like Sepulveda Boulevard, Sherman Way, and Vanowen Street create daily hazards for people just trying to get to work safely. Unfortunately, car accidents during your commute are far too common — and when they happen, they can leave you seriously injured, confused about your options, and unsure where to turn next.

If you’ve been hurt in a car crash while driving to work, one of the most important questions you may be asking is: “Does this qualify for workers’ compensation — or should I file a personal injury claim?”

The answer isn’t always straightforward. California law generally excludes commuting accidents from workers’ comp coverage under what's known as the “Coming and Going Rule.” But there are several key exceptions, and in many cases, you may also have a valid personal injury claim if another driver’s negligence caused the crash.

That’s why it’s critical to speak with an attorney who understands both California’s workers’ compensation system and personal injury law.

At Tim Wright Law, we specialize in representing injured workers and accident victims across Van Nuys and the greater Los Angeles area. Attorney Tim D. Wright brings over a decade of experience navigating the complex overlap between car accidents, job-related injuries, and third-party liability claims. Whether your case involves a denied workers’ comp claim, a serious auto collision, or both — our firm is here to fight for the full compensation you deserve.

Understanding the “Coming and Going Rule” in California Workers’ Comp

If you were injured in a car accident while driving to work in Van Nuys, your first thought may be to file a workers’ compensation claim. After all, the accident happened on a workday, and it’s affecting your ability to earn a living. But under California law, things aren’t always that simple.

Generally, injuries that occur during your daily commute are not covered by workers’ compensation. This legal principle is called the “Coming and Going Rule.” It states that an employee is not within the course and scope of employment while traveling to or from a fixed worksite.

So if you’re commuting in your personal vehicle from your home in Van Nuys to an office in Downtown Los Angeles, and you’re involved in a crash along the 101 or the 405, that accident usually isn’t covered under workers’ comp.

Why? Because the law considers your commute to be a personal activity, not a job duty — even if the only reason you were on the road was to get to work.

But There Are Important Exceptions — And They Matter

Fortunately, the Coming and Going Rule has several major exceptions, and they’re especially relevant in industries where driving is part of the job, or where your employer exerts some control over your commute.

Some common exceptions include:

  • Special Missions: You were performing a task for your employer outside normal work hours (e.g., picking up supplies or delivering materials).
  • Traveling Employees: You don’t have a fixed job location and travel between sites (e.g., nurses, technicians, sales reps).
  • Company Vehicles: You were driving a company-owned car or using a vehicle provided by your employer.
  • Paid Travel Time: Your commute time is compensated, or you’re “on the clock” during travel.
  • Employer-Controlled Transportation: You’re part of an employer-sponsored carpool or shuttle service.
  • Offsite Work Requirements: You were heading to a meeting, conference, or temporary job site.

When You May Have a Personal Injury Claim Instead

Even if workers’ compensation doesn’t apply to your car accident — such as in a standard commute with no exceptions — you may still have a strong legal case through a personal injury claim.

That’s especially true if the accident was caused by another driver’s negligence.

Negligence means that someone failed to act with reasonable care behind the wheel — for example:

  • Running a red light
  • Speeding or tailgating
  • Driving while distracted (texting, phone use)
  • Driving under the influence
  • Making unsafe lane changes

What Damages Can You Recover in a Personal Injury Claim?

Unlike workers’ comp, which limits recovery to medical bills and a portion of lost wages, a personal injury claim allows you to pursue a broader range of damages, including:

Medical Bills

You may be entitled to full compensation for:

  • Emergency room visits
  • Surgeries
  • Follow-up appointments
  • Physical therapy
  • Medications
  • Future medical care related to the injury

Lost Wages

If the accident caused you to miss work — or reduced your earning capacity — you can seek damages for:

  • Income lost during recovery
  • Future loss of earnings
  • Lost bonuses, promotions, or commissions

Pain and Suffering

This covers the physical pain, emotional distress, and reduced quality of life caused by your injuries. These damages are not available under workers’ comp, making personal injury claims especially important for long-term or severe injuries.

Vehicle Repair or Replacement

If your car was damaged in the crash, the at-fault driver (or their insurer) may be responsible for:

  • Repair costs
  • Total vehicle replacement (if applicable)
  • Towing and rental car expenses

What to Do After a Car Accident While Driving to Work

Get Medical Attention Immediately

Your health is the top priority. Even if you feel "okay" at the scene, symptoms of serious injuries — like concussions, soft tissue damage, or internal injuries — can appear hours or days later.

Getting medical care:

  • Ensures your injuries are treated quickly
  • Creates a medical record that ties your injuries directly to the accident
  • Helps prevent insurance companies from downplaying your condition

Call the Police and File an Accident Report

Always report the crash to law enforcement. A police report will provide:

  • A record of the date, time, and location of the accident
  • Information about the parties involved
  • The officer’s observations (which may help show who was at fault)

Report the Injury to Your Employer

If there’s any chance the crash could qualify for workers’ comp (e.g., you were driving a company vehicle or on a special assignment), notify your employer as soon as possible.

Under California law, you typically have 30 days to report a work-related injury. Failing to do so can jeopardize your ability to receive benefits — even if your injury was legitimate.

Document Everything

Evidence is crucial — especially if the case turns into a legal dispute. Be sure to:

  • Take photos of the scene, vehicle damage, road conditions, and your injuries
  • Gather witness names and contact information
  • Save all medical records, treatment notes, and expenses
  • Keep a journal detailing your recovery and how the injury impacts your daily life

Do Not Speak to Insurance Companies Without Legal Advice

It’s common for insurance adjusters — even your own — to reach out after an accident. They may request a recorded statement, ask leading questions, or offer a quick settlement.

Don’t agree to anything until you’ve consulted an attorney. Anything you say can be used to deny or minimize your claim, whether it's a workers’ comp case, a personal injury case, or both.

Contact an Experienced Attorney

Accidents that happen while driving to or from work often fall into a legal gray area. That’s why you need a lawyer who understands both California workers’ compensation law and personal injury litigation.

At Tim Wright Law, we know how to:

  • Evaluate whether your accident qualifies for workers’ comp
  • Determine if you have a third-party personal injury claim
  • Handle all communications with insurance companies
  • Maximize your financial recovery while protecting your rights

Don’t Guess — Know Your Rights After a Commute-Related Crash

If you’ve been injured in a car accident while driving to work in Van Nuys, don’t assume you’re out of options. Depending on the circumstances, you may be eligible for workers’ compensation, a personal injury claim, or both — and each path offers a chance to recover the compensation you need to heal and move forward.

At Tim Wright Law, we understand the unique challenges that come with commute-related accidents in California. Our team will carefully evaluate the facts of your case, explain your legal rights, and fight to make sure you’re not left paying for someone else’s mistake — all with no upfront fees and no charge unless we win.

Call us today for a free, no-obligation consultation:

Van Nuys Office (Workers’ Comp & Injury)
📍 16555 Sherman Way, Suite B2, Van Nuys, CA 91406
☎️ (818) 428-1080

Burbank Office (Personal Injury)
📍 1112 W. Burbank Blvd., Suite 302, Burbank, CA 91506
☎️ (323) 379-9995

📧 Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com

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I am very satisfied and thankful with Attorney Tim Wright and his whole team for taking care and handling my fathers personal injuries case. Thank you all very much your staff is amazing, very helpful.
Abraham Ortega
The Law Offices of Tim D. Wright were awesome. They were professional, they kept an open communication with me through out the process.  Big shout out to Sergio and Mercedes for being very helpful with my settlement.
Frank Medina

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