The Shoulder
The Shoulder
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Medical & injuriesquiet-vole-642

Hit from behind in my work van — can I still make a personal injury claim?

So this happened about a week and a half ago. I was driving one of the company vans for a routine delivery run — totally normal day. Traffic ahead of me had stacked up because of a merge lane closing, so I was basically crawling to a stop. Out of nowhere, some guy in an SUV plows into the back of me. Pretty solid hit.

My employer handled the vehicle damage side of things immediately, which was fine. But here's where I'm confused — I've been waking up every morning with this dull, gnawing ache across my lower back and into my left shoulder. It wasn't there before the crash. I brushed it off the first couple days thinking it would just go away, but it's not.

Now I'm wondering: since I wasn't in my car, does that mean I have no personal claim? Like, does the fact that it's a company vehicle somehow take away my right to go after the other driver for my injuries? My body got hurt regardless of whose van I was in, right?

Also — my employer hasn't said anything yet about workers' comp, and honestly I'm not even sure if that's a road I want to go down. Heard it gets complicated when there's another driver at fault.

I haven't seen a doctor yet, which I know is probably dumb. Just been hoping it would fade. Anyone been through something like this? What should I even be doing right now?

12replies

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12 replies

  • 18
    patient-dove-862

    I used to work on the claims side and this scenario came across my desk more than you'd think. Here's the inside view: the other driver's liability coverage is for bodily injury to people — it doesn't matter what vehicle you were in. Your employer's insurance may also have a stake in things, and workers' comp could potentially get involved too, which creates overlapping coverage situations. It sounds messy but it's actually fairly common. The tricky part is making sure you don't accidentally sign anything that limits your personal injury rights while the property damage is being sorted out.

  • 15
    calm-swift-410

    Quick question — did your employer know about the accident right away, or did you report it later? And has anyone from the other driver's insurance contacted you yet? That context changes things a bit in terms of where you stand right now.

    • 7
      gentle-parent419

      That lines up with what my adjuster told me too.

  • 14
    daring-owl-504

    Please go get checked out. I know that sounds like nagging, but lower back and shoulder pain after a rear-end hit can sometimes involve soft tissue injuries that don't fully show up until inflammation sets in a few days later. Getting documented early matters — not just for any potential claim, but for your actual health. An urgent care visit is totally fine if you can't get a same-day appointment with your doctor.

    • 0
      quiet-rider510

      Appreciate the detailed write-up. Saving this for later.

  • 14
    keen-raven-962

    Honestly the fact that you haven't seen a doctor yet is what worries me most reading this. Back injuries can be so sneaky — you feel okay enough to push through and then weeks later it's way worse. Please just go get checked, even if it turns out to be nothing serious. You'll feel better just knowing.

  • 11
    curious-swan-455

    Not legal advice, but generally speaking — being in an employer's vehicle at the time of an accident doesn't waive your right to pursue the at-fault driver for personal injuries. The vehicle ownership is a separate matter from bodily injury liability. The workers' comp angle does add a layer of complexity depending on your state's laws, so it's worth at least a free consultation with a PI attorney to understand how those two things interact before you make any decisions. Most of them don't charge for an initial call.

  • 10
    tidy-stoat-395

    Do NOT talk to the other driver's insurance without really thinking it through first. They're going to try to call you quickly, act super friendly, and get a recorded statement where you say something like 'I'm doing okay' — and they will use that against you later. Just be really careful. You don't have to agree to anything right away.

  • 10
    wise-tern-257

    A couple of things worth knowing: most states do allow an injured worker to pursue a third-party personal injury claim against the at-fault driver even if workers' comp is also in play. They're not mutually exclusive, but there can be subrogation stuff (basically where workers' comp tries to get reimbursed from your settlement) that makes it worth having someone look over the details. Also — start a paper trail now. Write down your symptoms, when they started, how they've changed. Dates matter a lot later.

  • 8
    daring-wren-293

    I went through almost the exact same situation a couple years back — company truck, rear-end collision, and I had zero idea what my rights were. The short answer from my experience: YES, you can still file a personal injury claim against the at-fault driver. The vehicle being your employer's doesn't cancel out your right to compensation for YOUR body. The two things are kind of separate tracks.

  • 7
    silent-vole-096

    Three things: see a doctor today, stop hoping the pain fades on its own, and don't sign a single piece of paper from any insurance company until you understand exactly what it says. That's it. Everything else can wait 24 hours. The medical visit cannot.

    • 9
      curious-commuter470

      This is really helpful — thank you for posting it.