Orlando Personal Injury Lawyer
Injured in a Car Accident Working on the Job?
A car accident while working can leave the involved worker(s) severely impaired and even can render them unable to continue working or return to work in the future. While workers’ compensation claims will pay for some types of workplace vehicle accidents, other times, compensation may be sought through a third-party liability claim for damage.
Workplace Vehicle Accidents faqs
COMMON TYPES OF WORKPLACE VEHICLES INVOLVED IN ACCIDENTS
Workplace vehicles that may be involved in an accident on the job can vary greatly, depending upon the industry. Some common types of accidents involve the following vehicles:
- Commercial vehicles;
- Delivery vans/trucks;
- Passenger cars; and
- Construction vehicles (excavators, bulldozers, etc.).
Injuries involving larger, heavier vehicles tend to be more severe. In fact, tractor accidents are the leading cause of agricultural workers’ deaths each year. However, accidents involving lightweight trucks and passenger cars can be equally as devastating.
When Workers’ Compensation Pays for Injuries
If you’re in a vehicle accident while working, it’s important to find out immediately whether or not your employer has workers’ compensation insurance. In Florida, all employers with four or more employees, other than in the construction industry, are required to carry workers’ compensation insurance; construction employers with one or more employee must carry workers’ compensation insurance. Agricultural employers only have to carry workers’ compensation if they have five or more regular employees or 12 or more seasonal workers.
If your employer does have workers compensation insurance, then they should pay for your vehicle accident if the accident was related to a workplace task (with the exception of coming or going to work or lunch or if an employee is otherwise “off the clock”).
Benefits Under Florida Workers’ Compensation Insurance
There are four benefit types offered under Florida Workers’ Compensation Insurance -- medical benefits, lost wages/monetary compensation (disability benefits) and death benefits.
The first -- medical benefits -- pay for all authorized medical expenses related to the injury. Lost wage benefits are paid as temporary partial disability, temporary total disability, impairment benefits or permanent total disability benefits.
Death benefits are paid to the survivors of a deceased worker. These benefits are payable up to $150,000 and can cover funeral expenses, compensation for dependents and educational benefits to the surviving spouse.
Filing a Third-party Liability Claim for Damages
Sometimes a workplace vehicle accident may occur due to the negligent actions of an unrelated third-party outside of the workplace. For example, if a manufacturer manufactured a defective vehicle part that cause the accident, then the manufacturer may be considered negligent. Or if a vehicle accident occurred because another driver was driving while impaired, then that impaired driver may be considered negligent. When a third party acts negligently, then the injured worker may pursue a third-party liability (personal injury) claim against them.
A third-party claim for damages must be filed within four years’ time under Florida law.
What damages are available from a third-party liability claim?
If the at-fault party's negligence can be proven, then the third party may be responsible for paying damages to the victim. Types of damages recoverable include medical expenses, lost wages, future expenses related to the injury/future losses, pain and suffering, funeral expenses (if applicable), and more. An attorney can guide you through all the types of damages recoverable and which are pertinent to your case.
Seek Legal Counsel to Discuss Your Workplace Car Accident Today
A workplace car accident can change your life and forever impair your ability to provide for yourself or your family financially. Don’t settle for a compensation amount when you deserve more -- let the attorneys at The Francis Law Group represent you. We’ll make sure that you get the right representation for your claim and that you get every penny to which you’re entitled.
We’re ready to get to work. If you’re ready, too, then call us at 888-327-2745 today or contact us online.