When a person gets injured in the course of employment, the person is generally able to collect workers’ compensation. The ability to collect from workers’ compensation does not impact the injured person’s ability to collect insurance from his Personal Injury Protection (PIP) insurance in all cases, although there may be limitations in how this can be done.
Every Florida driver is required to carry PIP insurance. This insurance is no fault insurance and compensates drivers without considering which driver caused the accident. In cases of serious injuries, PIP insurance does not cover the full cost of the injuries sustained in an accident. However, PIP insurance can be combined with other forms of insurance, including workers’ compensation, to meet these costs.
Workers’ compensation offers more benefits than claiming benefits under PIP. Workers’ compensation can also offer more long-term benefits than PIP benefits. Employees are covered by the workers’ compensation insurance by virtue of their employment, and it is not a separate policy that they have to pay for. Therefore, in cases where a person is not able to simultaneously claim PIP benefits and workers’ compensation benefits, it is often more advantageous to claim workers’ compensation benefits.
In order to claim workers’ compensation benefits, the injured employee must prove that he or she was injured while engaged in an activity in the course of his employment or on behalf of his employer. Without this showing, the employee cannot receive benefits. When the car accident happens during an ordinary commute to work, it is generally not possible to claim workers’ compensation benefits. An experienced workers’ compensation attorney can offer specific advice on the best way to seek benefits.
If a person claims both PIP and workers’ compensation benefits, the person would likely have to refund part of the workers’ compensation benefits. This is also true if the injured person is able to collect workers’ compensation benefits and receives an award after suing for personal injuries, he may have to refund some of the workers’ compensation benefits received. In Florida, filing a personal injury lawsuit depends on the seriousness of the injuries suffered, with a lawsuit possible for serious injuries resulting in permanent disfigurement or death.
A driver who is seriously injured in a car accident can also seek compensation from the other driver’s employer in some cases. If a driver was on the clock at the time of the accident, or otherwise engaged in an activity on behalf of an employer when he causes an accident, the employer can be held responsible for the accident. In situations where the injured person is facing long term recovery and mounting medical bills, the ability to seek additional compensation from the employer can be beneficial.
Contact An Experienced Attorney
It is not always easy to determine how to proceed after a car accident. After the initial shock, if you discover your PIP insurance and your car insurance will not cover all your losses from the accident, you may have other options to seek compensation. Before settling with an insurance company, contact an experienced car accident injury lawyer at Vocelle & Berg, LLP, in Vero Beach, Florida for a free consultation.
Resource:
floir.com/Sections/PandC/ProductReview/PIPInfo.aspx