Third Party Claims

When an employee is hurt on the job, that worker is entitled to workers compensation for medical bills and lost wages under Florida law, regardless of fault. These benefits are limited, of course, and often leave injured employees with little recourse and huge financial stress.

The employee may have another source of recovery, however, if he or she was injured while on the job but where the negligent party was a person or business not associated with the injury victim’s employer. For example, if an employee is injured in a work related auto accident in Southwest Florida, and the other driver was at fault, then the employee can often obtain additional compensation from the careless motorist’s car insurance.

Workers Comp and Auto Insurance Compensation

If an employee is injured while driving an employer’s vehicle, or driving his or her own vehicle for employment purposes at the time of the crash, then often that worker may collect both workers comp benefits, personal injury protection (PIP) benefits from their own auto insurance, and liability insurance money from the at fault driver’s insurance company.

In severe vehicle crash claims involving serious personal injury, then the injured worker may have several different forms of insurance compensation available:

  • Workers comp coverage for medical bills and lost wages
  • Injured worker’s own PIP for medical bills and lost wages
  • Negligent driver’s bodily injury insurance (also known as BI coverage or liability insurance)
  • Vehicle owner’s liability insurance (where the at fault driver vehicle was owned by another person or company)
  • Employer’s uninsured motorists coverage (which may apply if the negligent driver has liability coverage with low limits)
  • Injured employee’s own UM insurance

Additional Compensation for Work Related Vehicle Accidents

workers comp lawyer
In accident claims involving critical or catastrophic injuries such as brain damage, broken bones, spine injury, and similar serious harms and losses, then there may be additional sources of financial compensation.  For example, if the negligent driver who caused the car accident was also working in the course and scope of his or her employment at the time of the traffic collision, a much larger source of compensation is available to the injured worker.

This is a common occurrence for commercial business vehicles in Southwest Florida.  In such circumstances, the work injury claimant is also a third-party personal injury victim, and may also obtain money damages from the insurance company for the negligent motorist’s employer or business. While these circumstances do not always exist, such coverage is common when the driver of a commercial vehicle or business van causes an accident.

Experience Matters in Work Related Third Party Auto Accident Claims

Third party auto insurance claims involving workers comp can be complex. Fort Myers injury lawyer David Harris knows where to look, and what to look for, when representing an employee who is seriously injured a vehicle accident while on the job.  David has represented clients in work related auto accident claims, fights for injured workers, and sorts through the complexities of handling third party liability claims coordinated with workers comp insurance and rules — all while keeping you, the injured employee, involved in your claim. Call David today to schedule a free consultation.