If you were injured in a car accident at work, your first option would be to file for workers’ compensation benefits. However, there are circumstances under which you could file a third-party personal injury claim against the at-fault driver. If the at-fault party was someone other than your employer or a co-worker, you could have the grounds to file a lawsuit to recover compensation for your injuries and losses.
Car accident victims are often left with debilitating injuries and mounting medical debt. And, while recovering from their injuries, they are away from work and not bringing in any income to sustain themselves and their families. If you suffered a car accident injury at work, a car accident attorney can explain your legal options. You could receive compensation to cover your medical expenses and lost wages, and in some situations, pain and suffering.
Auto Accident Workers’ Compensation Benefits
Workplace accident claims are typically handled through your employer’s workers’ compensation insurance coverage. Workers’ compensation is a mandatory insurance that your employer pays for and covers any injuries you sustain while working on the job. It will typically provide the following:
- All the reasonable and necessary medical care for your injuries
- Wage replacement while you are out of work
- Death benefits to the family if your loved one died from their car accident injuries
Workers’ compensation could also provide for vocational training if your injuries prevent you from returning to your old job. A workers’ compensation lawyer can review your case with you, help you collect evidence, and file a claim.
Filing a Third-Party Car Accident Lawsuit
There are instances where you can step outside the workers’ compensation program to pursue a third-party car accident lawsuit against the negligent driver. If the negligent party is someone other than your employer or a co-worker, you could file a claim with your personal injury protection (PIP) policy. Under Florida’s no-fault insurance system, PIP allows you to receive compensation for:
- 80% of your medical expenses
- 60% of your lost wages
- $5,000 death benefits
However, neither workers’ compensation or your PIP policy allows you to collect compensation for pain and suffering or any other noneconomic losses. Additionally, your PIP policy is limited to the policy limit, which in Florida is a minimum of $10,000 in PIP and $10,000 in property damage liability (PDL).
However, a third-party personal injury claim does give you more options.
Meeting the Serious Injury Threshold
Under the legal conditions of the accident claims process, you can seek additional compensation if you meet the serious injury threshold, per Florida Statutes § 627.737.
A serious injury is defined as any of the following conditions:
- A significant or permanent loss of a bodily function
- A permanent injury supported by medical evidence
- A disfigurement or permanent scarring
If you lost a loved one in a car accident at work, the statute would also allow you and your family to file a wrongful death lawsuit.
You Can Pursue the Full Value of Your Losses
With the option of filing a personal injury lawsuit, you may pursue the full gamut of your injuries and losses suffered in a car accident while you were on the job. Damages you could claim include the following:
- Medical expenses
- Ongoing healthcare needs
- Future medical treatment
- Transportation to doctors and appointments
- Home modifications, if necessary
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium if your spouse or partner is affected by your injuries
- Lost wages while you recover
- Loss of earning capacity if your injuries prevent you from working
- Vocational and occupational therapy
- Property damage
In rare instances, you may even be eligible to collect punitive damages. A judge or jury would award these to you if the negligent party’s actions were particularly reckless or heinous.
Deadlines for a Work-Related Car Accident
Under workers’ compensation insurance, you must inform your employer within 30 days, and your employer is responsible for notifying their workers’ compensation insurance carrier within the next seven days.
With a third-party personal injury lawsuit, though, you typically have two years to file your case with your local courthouse, per Florida Statutes § 95.11. Missing this deadline could bar your car accident lawsuit from the courts. Without the right to sue, your options will be limited.
If you want to hire an attorney to handle your case, it would be best to reach out to a local law firm as soon as you can. They can advise you on your best options and then begin investigating your accident. They have the resources to collect evidence, such as police reports, medical records, and financial statements, and develop a case that suits you and your family’s needs.
What to Do After an On-the-Job Car Accident
If you have been in a car accident at work, we advise you to follow these steps to ensure your health, safety, and recovery:
- Check for injuries: Check yourself to see how badly you have been hurt. You should also check on the condition of others involved in the accident.
- Move to a safe location: If your injuries permit, you should move to a safe location, such as the side of the road.
- Call 9-1-1: Let the operator know where you are, what has happened, and your physical condition. When law enforcement arrives to generate a police report, ask when and where you can get a copy.
- Collect evidence: Any information you collect could be helpful. Takes photos and videos, write down what you remember, and ask for contact and insurance information.
- File a workers’ compensation claim: Let your employer know what has happened and start the process of filing a claim.
- Contact an attorney: Speak with an attorney and let them know what has happened. They can help you decide on the best course of action for your needs.
Call the Law Offices of Wolf & Pravato About Your Car Accident at Work
At the Law Offices of Wolf & Pravato, we provide accident injury victims with free consultations. During your consultation, you can tell us what happened, and we can explain your options. Also, we work on contingency, so you pay nothing unless we recover compensation for you.
With 75 years of collective legal experience, our law firm has obtained over $200 million in personal injury settlements. Call us today at (954) 633-8270 or contact us online to get started.
