Workers' in the Daytona Beach area may have two separate cases when injured in an automobile accident while on the job.
In addition to a workers' compensation case, the injured worker would also be able to pursue a personal injury case against the at-fault driver. Individuals injured in auto accidents while on the job should have all medical bills and lost wages provided through their workers' compensation carrier. Normally, if someone is injured in an automobile accident, that person's personal injury protection would be the source of medical care, less applicable deductibles. Florida is a "no-fault" state which means that regardless of fault, each person's PIP will provide for medical care and/or lost wages up to the maximum amount of coverage available. However, auto accidents involving work related activities need not utilize any PIP benefits or have any out of pocket expenses for deductibles, etc. In Florida, workers' compensation is the primary source of benefits. The advantage to this scenario is that there is no monetary limit to the amount of medical care payable by the work comp carrier (most PIP policies provide only $10,000 in coverage and usually include a 20% deductible) and there are no out of pocket expenses. Workers' Compensation should provide all medically necessary treatment and lost wages resulting from injuries sustained in an auto accident while on the job. This is true even if the injured worker is at fault in the accident. Employee negligence is not a bar to receiving benefits if injured while on the job.
If you have been involved in an automobile accident or a workers' compensation accident and have questions, please contact Johnson & Gilbert, P.A. for a free consultation at 1-800-556-8890. You can also request a free copy of my book on Florida's Workers' Compensation for more information regarding auto accidents while on the job.