Many jobs require driving. Unfortunately, that exposes employees to the hazard of car accidents. If an employee is involved in a car accident while within the course and scope of their employment, it is important that the injured employee talk with an attorney who appreciates both the law of Florida workers’ compensation and personal injury law. Failing to protect rights in each of these areas of law could result in future problems while handling the claims.
If the employee is involved in a car accident while working, he or she is entitled to workers’ compensation benefits. The workers’ compensation carrier is responsible to pay wages (Temporary Total or Temporary Partial) while the injured worker is out of work because of the car accident. In addition, the workers’ compensation carrier is required to provide and pay for medical treatment associated with the car accident. The workers’ compensation carrier selects the doctor so if the injured worker decides to see a doctor without workers’ compensation clearance, the injured worker may be responsible for those medical expenses.
Also, the injured worker is entitled to Personal Injury Protection and/or Medical Payment benefits under their own automobile insurance policy. It is important that these benefits be used in coordination with the medical treatment being provided under workers’ compensation. Failure to coordinate these benefits could result in losing benefits.
Lastly, the injured worker would be entitled to make a claim against the at-fault driver. The workers’ compensation carrier will be entitled to a lien on any recovery, but the attorney can negotiate the lien to maximum the injured’s net recovery.
There are many other situations that come in effect when an automobile accident occurs within the course and scope of employment that could impact your workers’ compensation benefits; the Personal Injury Protection benefits; and the liability claim. Therefore, it is crucial that you deal with an attorney who understands both aspect of the law.
Drive safely, but watch out for those who don’t. For a free case consultation after your work-related car accident, click here to contact Attorney Matthew Noyes.