Legally Reviewed by Jae E. Lee, Esq. on September 7, 2026
Driving is one of the most dangerous parts of many jobs in Bergen County. Delivery drivers, home health aides, utility workers, and salespeople who travel between job sites face real risk every time they get behind the wheel for work, and a crash caused by another motorist can leave you facing medical bills, lost income, and an insurance adjuster who is quick to minimize your claim.
Workplace injury lawyer Jae E. Lee is certified by the New Jersey Supreme Court, a distinction held by only about 3% of attorneys in the state, and has represented injured workers for nearly 30 years. Our firm helps clients pursue every benefit New Jersey law allows after a workplace vehicle accident, whether that means a workers’ compensation claim, a third-party lawsuit against an at-fault driver, or both at the same time.
⚠ Time-Sensitive — New Jersey Law Limits Your Window to Act
Hurt in a vehicle accident while working in Bergen County? A workers’ compensation claim generally must be filed within two years, and a separate lawsuit against an at-fault driver carries its own two-year deadline.
Nearly 30 years of combined legal experience. NJ Supreme Court certified trial attorney. No fees unless we recover compensation for you.
How Workers’ Compensation and Third-Party Claims Work Together
When you are hurt in a vehicle in a work-related capacity, whether as a driver or a passenger, you are generally covered by workers’ compensation regardless of who caused the crash. New Jersey’s workers’ compensation system is a no-fault system, meaning you do not need to prove your employer did anything wrong to receive benefits. Under this system, workers’ compensation is typically the exclusive remedy against your employer for a workplace injury under N.J.S.A. 34:15-7 and N.J.S.A. 34:15-8, so you generally cannot sue your employer directly for a work-related crash.
The rules change when someone outside your employer caused the crash. If you were injured through the negligence of another motorist while driving for work, you may be able to pursue both workers’ compensation benefits and a separate personal injury lawsuit against that driver at the same time. A third-party claim can recover damages that workers’ compensation does not cover, including full compensation for pain and suffering and the complete value of lost future earning capacity.
Side-by-Side Comparison
Workers’ Compensation vs. a Third-Party Lawsuit
Transportation and material-moving occupations accounted for roughly 22% of all work-related fatalities in New Jersey between 1990 and 2013, more than any other occupational category, according to the New Jersey Department of Health’s Fatal Occupational Injuries Surveillance Project. If your job requires you to drive, you face a meaningfully higher risk than many other workers in the state.
Bergen County Workers We Represent for On-the-Job Vehicle Accidents
We represent commercial drivers holding a CDL license along with any employee who drives, operates a vehicle, or travels between job sites as part of their work, including:
- Delivery drivers and over-the-road truckers
- Home health aides and visiting nurses driving between appointments
- Sales representatives and other employees who travel between job sites
- Utility workers, construction workers, and heavy equipment operators
- Ambulance drivers, police officers, and firefighters
- Employees injured while running work-related errands
- Employees injured in loading dock or parking lot accidents
If your situation is not listed here, we still encourage you to reach out. Every case is different, and our firm reviews the specific facts before determining the strongest path forward.
Does the “Going and Coming” Rule Affect Your Workers’ Compensation Claim?
New Jersey’s workers’ compensation law generally does not cover an employee’s ordinary commute to and from a fixed job site, a limitation known as the going and coming rule, codified at N.J.S.A. 34:15-36 and addressed by the New Jersey Supreme Court in Livingstone v. Abraham & Straus, Inc., 111 N.J. 89 (1988).
The statute recognizes exceptions that matter directly to the type of work our clients do. Under the special mission exception, an employee who is required to be away from a fixed work location and is actively performing a job duty at the time of the accident generally remains covered, a principle traced to O’Brien v. First Camden National Bank & Trust Co., 37 N.J. 158 (1962). Under the authorized vehicle exception, an employee using a vehicle the employer has authorized for work purposes, including a personal vehicle required for the job, is generally covered while conducting that business, consistent with White v. Atlantic City Press, 64 N.J. 128 (1973).
Two Exceptions That Can Keep You Covered
Special Mission Exception
Applies when an employee is required to be away from a fixed work location and is actively performing a job duty at the time of the accident.
O’Brien v. First Camden National Bank & Trust Co., 37 N.J. 158 (1962)
Authorized Vehicle Exception
Applies when an employee is using a vehicle the employer has authorized for work purposes, including a required personal vehicle, while conducting that business.
White v. Atlantic City Press, 64 N.J. 128 (1973)
Delivery drivers, home health aides, sales representatives, and other employees who travel between job sites as a core part of their work typically fall within one or both of these exceptions, distinguishing their situation from an employee who is simply commuting to a single, fixed workplace.
Statute of Limitations for Bergen County Work Vehicle Accident Claims
New Jersey generally requires an injured worker to notify their employer of a workplace injury and file a formal workers’ compensation claim petition within two years of the accident, or within two years of the last payment of compensation, under N.J.S.A. 34:15-51. If your crash also involved a negligent third-party driver, a separate personal injury lawsuit against that driver generally must be filed within two years of the accident date under N.J.S.A. 2A:14-2.
These two deadlines run independently of each other, and missing either one can permanently bar that portion of your claim. If your employer’s workers’ compensation carrier pays part of your medical bills or wage benefits and you later recover money from the at-fault driver, the carrier is generally entitled to reimbursement for what it paid under N.J.S.A. 34:15-40, so the two claims need to be coordinated carefully rather than handled in isolation.
Contact Jae Lee Law as soon as possible after your accident so we can help protect both deadlines and preserve the evidence your case may need.
Two Deadlines Running at the Same Time
Workers’ Compensation Claim
2 Years
From the accident, or from the last payment of compensation, under N.J.S.A. 34:15-51.
Third-Party Lawsuit
2 Years
From the accident, against any negligent driver outside your employer, under N.J.S.A. 2A:14-2.
How Jae Lee Law Approaches Your On-the-Job Vehicle Accident Case
Do not take the word of an employer or a workers’ compensation claims adjuster who tells you that you are not covered because you were driving at the time of the crash. Our legal team investigates the full circumstances of the accident, establishes that you were acting within the scope of your employment, and identifies every party who may be legally responsible, including any negligent third-party driver.
We pursue workers’ compensation benefits and any available third-party claim in parallel rather than treating them as separate, disconnected matters, so you are not left choosing between quick medical coverage and full compensation for what the crash actually cost you. Many times, we are able to negotiate a favorable settlement that gets our clients the financial relief they need without the delay of a trial. If the opposing party is unwilling to offer a reasonable settlement, we are prepared to take your case to trial.
How We Pursue Both Claims at Once
File Your Workers’ Compensation Claim
We establish that you were acting within the scope of your employment and move to secure the medical and wage benefits you are owed.
Identify Every Liable Third Party
Our legal team investigates the full circumstances of the accident and identifies any negligent driver outside your employer who may be legally responsible.
Negotiate or Take Your Case to Trial
We pursue a favorable settlement when possible, and we are prepared to take your case to trial if the opposing party will not offer fair compensation.
Does Insurance Cover On-the-Job Vehicle Accident Claims?
Workers’ compensation benefits are paid through your employer’s workers’ compensation insurance carrier, not out of your employer’s own funds, and receiving them does not depend on proving anyone was at fault. A separate third-party claim against a negligent driver is instead paid through that driver’s own auto liability insurance, or through your own uninsured or underinsured motorist coverage if the at-fault driver lacked adequate insurance.
Because a workers’ compensation carrier that has already paid your medical bills or wage benefits is generally entitled to reimbursement from any third-party recovery under N.J.S.A. 34:15-40, coordinating both insurance claims correctly from the outset helps protect as much of your net recovery as possible.
What to Do After a Work-Related Vehicle Accident in Bergen County
- Seek medical attention right away, even if your injuries seem minor at first
- Report the accident to your employer in writing as soon as possible
- Photograph the vehicles, the accident scene, and any visible injuries
- Get the names and contact information of any witnesses
- Avoid giving a recorded statement to any insurance adjuster before speaking with an attorney
These steps help protect both your workers’ compensation claim and any third-party lawsuit you may be entitled to pursue.
On-the-Job Vehicle Accident Claims Across Bergen, Hudson, and Passaic Counties
While this page focuses on Bergen County, Jae Lee Law represents injured workers throughout Hudson and Passaic Counties as well, handling both workers’ compensation claims and third-party lawsuits arising from vehicle accidents that happen on the job. Visit our Hudson County page or our Passaic County page for details specific to those counties.
Frequently Asked Questions About On-the-Job Vehicle Accidents in Bergen County
If you were driving or riding in a vehicle within the scope of your job duties, you are generally entitled to workers’ compensation benefits regardless of fault. If another driver’s negligence caused the crash, you may also have a separate personal injury claim against that driver. An attorney can review the specific facts of your accident to determine which claims apply.
A formal workers’ compensation claim petition generally must be filed within two years of the accident under N.J.S.A. 34:15-51. A separate lawsuit against an at-fault third-party driver generally must be filed within two years of the accident date under N.J.S.A. 2A:14-2. These deadlines run independently, so missing one does not extend the other.
Our firm handles these cases on a contingency fee basis, meaning there is no upfront cost to you. We are paid a percentage of the compensation recovered only if your case is successful. A free initial consultation is available to discuss the specifics of your case.
Generally, no. Workers’ compensation is typically the exclusive remedy against your employer for a workplace injury under N.J.S.A. 34:15-7 and N.J.S.A. 34:15-8. You may, however, still be able to sue another driver whose negligence caused the crash, since that claim is separate from your employer.
Possibly. Under N.J.S.A. 34:15-40, a workers’ compensation carrier that paid your medical bills or wage benefits is generally entitled to reimbursement out of any recovery from an at-fault third-party driver. An attorney can help structure both claims so your net recovery is protected as much as possible.
Contact Jae Lee Law About Your On-the-Job Vehicle Accident
Jae E. Lee is certified by the New Jersey Supreme Court, a credential held by only about 3% of attorneys in the state, and has secured millions of dollars in recovery for clients over almost 30 years of practice. Our firm also helps families with related cases, including motor vehicle accidents and other workers' compensation claims.
If you were injured in a vehicle accident while working in Bergen County, contact our contact form or call us at 201-346-3800 to discuss your case with our team.




