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Tampa Workers' Compensation Lawyer > Blog > Workers' Compensation > Can I File Workers’ Comp Claims and Auto Injury Claims at the Same Time in Florida?

Can I File Workers’ Comp Claims and Auto Injury Claims at the Same Time in Florida?


There are many professional drivers in Florida, and many workplace accidents occur with drivers behind the wheel. In addition, some workers find themselves walking along the street as part of their everyday duties – such as construction workers, delivery workers, and many others. If you have been struck by a negligent driver in Florida while performing work-related duties, you may be wondering whether you can file a workers’ comp claim and an auto insurance claim at the same time.

Impaired Driver Hits Worker in Construction Zone 

On October 9th of 2023, it was reported that an impaired driver had struck a worker in a construction zone. The incident occurred in Fort Myers, and it apparently involved a white SUV that suffered serious damage. This SUV was towed away while two individuals – a worker and the driver – were transported to a nearby hospital for treatment. Police confirmed that the driver was impaired at the time of the crash, but they didn’t release many other details about this incident.

The above situation is unfortunately quite common, and it illustrates a typical situation in which a worker is injured by a negligent driver. In this situation, it might not be immediately clear whether the injured worker should file a workers’ compensation claim, a no-fault injury claim against the driver’s policy, or both. In some cases, you may even be required to pay back workers’ comp if you receive two injury settlements.

Workers’ Comp and Auto Insurance Are Both Technically “No-Fault” in Florida 

Technically speaking, both workers’ comp and auto insurance are “no-fault” systems in Florida. Regardless of which claim you file, there is no requirement to assign fault to any negligent party. You cannot sue your employer, and you cannot directly sue a negligent driver unless you have suffered a serious, life-altering injury of some kind. Perhaps most crucially, both systems do not provide compensation for emotional distress and other non-economic damages. In addition, only a workers’ comp claim is possible if both parties involved in the crash were carrying out work-related duties.

Pursuing Compensation Though Both Sources Is Possible 

First of all, it’s worth pointing out that simultaneously filing claims with both workers’ comp and the no-fault auto insurance system is theoretically possible. However, this does not necessarily mean that you will receive compensation from two different sources. Generally speaking, you can only receive compensation once for your damages. For example, a trucker might hit a construction worker in a construction zone.

Where Can I Find a Qualified, Experienced Workers’ Comp Attorney in Tampa? 

If you’ve been searching for a qualified, experienced Tampa workers’ comp attorney, look no further than the Franco Law Firm. We know that things can become confusing when you’re dealing with workers’ compensation laws and Florida’s “no-fault” insurance system at the same time. While approaching this situation may seem daunting, you can work with a qualified attorney to maximize your compensation. Book your consultation today to get started.

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