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Home :: FAQ :: Workers Compensation Disability

What if I’m in a motor vehicle accident? What insurance applies?

If you are in a motor vehicle accident and it involves your work the first thing you must do as soon as your can is report the accident to your employer. Different laws apply to different vehicles, however; Florida’s Workers Compensation Act provides for the primary insurance for the accident and your recovery, lost wages and care. Many attorneys who advertise themselves as “Personal Injury Attorneys” will miss this or may intentionally avoid the Workers Comp issues because they do not understand them. We think this is wrong. It is important that if you’re injured the in motor vehicle accident that one elects to have medical treatment under Florida’s Workers Compensation Act since the amount of medical coverage is unlimited. Unlike the PIP/No Fault benefits, which max out at $10,000, your medical benefits for Workers’ Compensation are potentially unlimited for you as an individual. Moreover, if the accident involves the negligence of another person, if you treat under Florida’s Workers Compensation Act, you will not have to expend your PIP benefits which can be used to your own benefit in any settlement against the person who caused the accident since those PIP benefits can be used to pay off any Workers’ Compensation lien that may exist in your case or be used by you at a later date for lost wages and medical care. More importantly, should you be treated under Florida’s Workers'

Compensation Act and be the victim of a medical negligence as a consequence of your treatment by an authorized Workers’ Compensation treating physician, then your damages from that negligence (medical malpractice) is covered as well and as far as your lost wages and need for future medical care and treatment. If this happens under a letter of protection or by a doctor that’s treating you that is being paid by health insurance or PIP/No Fault benefits, the you could be out of luck when it comes to getting additional medical care and treatment paid for by an insurer or the second party tort fees who caused the negligent or medical malpractice.