You are driving while at work when suddenly my vehicle is struck in the rear by a negligent driver of a another vehicle. You are injured, but how do you get compensation?

Since this happened at work, the Florida Workers Compensation Statute is "primary" over your Florida No-Fault benefits. That means workers compensation will pay for medical bills and lost wages.  Under Workers Compensation, there are strict limits on what an injured worker can recover. The system dictates medical treatment and only pays for 2/3 of your lost wages if you are unable to work.  Even though this is a car accident you are not entitled to pip benefits. Finally, you cannot recover damages for pain and suffering under workers compensation.  Pretty sad, huh?

To summarize, under our workers compensation system, you give up something and you get something.  In exchange for giving up your right to sue for items of damages, such as pain and suffering, you get your medical bills paid automatically.  Medical bills and lost wages are covered regardless of fault.

But here is the bad news:  Over the last twenty years, our state legislature has revised the workers compensation statute many times.  Each time, the injured worker was entitled to less and less.  So the end result is a restrictive system that does not fully compensate an injured employee!

So what can you do?  If you are in an auto accident at work, you can bring a claim in addition to your workers compensation claim.  You may have to eventually pay back some of the Workers Comp benefits you received, but it is usually worth it!!

That is why it is important to understand when you may be entitled to bring a lawsuit for personal injuries even when injured on the job, in the course of your employment.  You could receive compensation for damages that include your pain and suffering.

If a third party caused your injuries you may file suit against that party.

You are not permitted to sue your employer.   Against your employer, you are limited to  workers compensation benefits in most cases. Therefore, if your boss sends you on an errand during work, and you are involved in a motor vehicle accident, you can make a claim against the negligent driver of the other vehicle even though you may be covered by worker's compensation.

In fact, if you don't pursue the wrongdoer, the worker's compensation insurance carrier is entitled to file a claim on your behalf to recover what they paid you. The statute gives them the right to "subrogation" or reimbursement. If you bring a claim against a responsible third party, the workers compensation carrier will have a claim against any recovery for benefits they have paid.

It's complicated stuff.  If you are hurt in a car crash while you're on the job, let us help you figure it out.  At the Hudson Law Office, we're on your side.