With many people being asked to drive from place to place as part of their jobs, it is no surprise that many workers get into car accidents while in the course and scope of their employment.
As Orlando accident attorneys, we meet with people all of the time who are convinced that they are only entitled to Workers’ Compensation benefits after their car accident. Of course, Workers’ Compensation coverage only pays for a percentage of the injured worker’s medical expenses and lost wages (usually about 67%), and does not compensate an injured worker for pain and suffering, mental anguish, loss of the ability to enjoy life, or other intangible damages.
Depending upon the insurance coverage of the at-fault driver, an injured worker may be a able to recover a lot more than simply Workers’ Compensation benefits. If the negligent driver has access to bodily injury liability insurance coverage, the injured worker can recover money for medical bills, lost wages, and pain and suffering and other intangible damages.
The only catch is that the injured worker will have to pay back Workers’ Compensation for any benefits W/C has paid. This is generally known to the at-fault party’s insurance company, so this will be figured into any bodily injury liability settlement. The amount of the Workers’ Compensation payment will then be reimbursed from the personal injury settlement.
In addition, when there is a personal injury claim against a negligent driver, the injured worker can use the PIP coverage from his own auto insurance policy to help pay back the Workers’ Compensation carrier – thus putting more money into the injured person’s pocket.
Lastly, if the injured worker carried Uninsured or Underinsured Motorist benefits on his own auto insurance policy, he can recover those benefits – and doesn’t have to pay any of those back to the Workers’ Compensation carrier.
If you have any questions about a worker who has been injured in a Florida car accident while on-the-job, or any question about Florida car accidents in general, call Winter Park personal injury attorneys Kim Cullen or Robert Hemphill at 407-644-4444.
