Firm Profile
photo

    We Represent People With:

  • Physical Disabilities and Impairments, Psychiatric and Mental Disorders, Bipolar, PTSD, Deafness, Blindness, HIV/Aids, Cancer, Epilepsy, Schizophrenia, Depression, Mental Retardation, Cerebral palsy, Multiple Sclerosis, Diabetes, Carpal Tunnel Syndrome, Herniated Disk, Fibromyalgia, Lupus, Arthritis, Stroke, Seizures, Hepatitis, Heart and Lung disease, Meniere's Disease, Crohn's Disease, Colitis, L.B.S., Myasthenia Gravis, Severe Headaches and Sleep Disorders, Amputation, Vocational Disabilities, MRSA who have wrongfully been denied their benefits.
Home :: FAQ :: Workers Compensation Disability

If I am involved in an automobile accident within the scope of my employment, what should I do and what laws govern?

We at the Law Offices of Mike Murburg have handled these types of cases for over twenty years.  Report the accident as quickly as possible to your employer. This must be done preferably by telephone first and thereafter in writing if necessary. You’ll need to fill out a report of injury at your employer’s when you can, once you’re out of the hospital.  You can treat under Florida’s Workers Compensation Act and see a number of physicians who are reputable under the Act.  Your attorney may have knowledge about who is reputable and who is not.  If your injury is severe and/or if you have a disagreement with one of your healthcare providers you may have the opportunity to use your PIP insurance for another evaluation and have that evaluation and doctor’s testimony admissible under certain circumstances.  If you have a permanent injury under the Florida Workers Compensation Act and the person that caused the injury has insurance you may want to hire a lawyer to handle both the Workers’ Compensation issue and the personal injury action.  These sorts of actions are somewhat complicated and an attorney who does both will be an asset to you.  This is so because the attorney will have to settle the case with the bodily injury carrier and settle your Workers’ Compensation lien held by your Workers’ Compensation carrier and/or health insurance carrier.  One must be careful to use the available automobile insurance policy’s PIP/No Fault and medical payment benefits to pay off any Workers’ Compensation liens. 

If you are injured in your own vehicle or your employer’s vehicle there may be an insured motorist benefits that are available to you as well.  Under certain circumstances the Workers’ Compensation lien or health insurance lien will not apply to uninsured/underinsured benefits.  It is best to check with an attorney to find out if in fact the lien applies.  The same is true with any healthcare liens which may be legal or equitable in nature. 

If you are totally disabled and it is permanent then you may need to file for Social Security Disability benefits.  If you will be receiving Medicare benefits, it is important that you speak with your attorney about any Workers’ Comp or Bodily Injury settlement in excess of $250,000.00.  Moreover, depending on whether you’re entitled to Social Security Disability or Supplemental Security Income benefits under the Social Security Act, you may endanger your entitlement to Medicaid and/or Medicare by an improper or improperly weighted settlement or retention of proceeds in excess of certain amounts.  Often these sorts of cases involve settlement with the “tortfeasor”, the person that caused the accident and the uninsured motorist carrier and thereafter a settlement in lump sum with the Workers’ Compensation carrier as the Claimant goes on to Social Security and qualifies for Medicare benefits.  At the time of the settlement of the Workers’ Compensation, a qualified Medicare Set-aside account will probably have to be established so that you will continue to be entitled to Medicare benefits throughout dependency of your disability up and through the time of your full retirement age. Additionally, as to the UM carrier, caution must be taken so as to preserve the rights of your insurer and obtain their consent to settle.