Options for Tampa Workers Injured in Car Accidents
Many Tampa workers drive for a living, and the road can be a dangerous place. If you were injured in a car accident while on the job, you may be eligible for various sources of compensation. The two main sources of compensation in this situation are workers’ compensation claims and auto accident claims. Both are slightly different, and you might wonder which one represents the most logical choice. Consider expanding on this conversation with a Tampa workers’ compensation lawyer.
Was Your Car Accident Work-Related?
If you’re trying to determine whether a workers’ compensation claim is possible, the first question you need to ask yourself is simple: Was your car accident work-related? In some situations, the answer to this question will be obvious. For example, you might have been working as a truck driver or a delivery van driver. Perhaps you were working as a courier on a bicycle when the accident occurred.
In other situations, the answer might not be so clear. Perhaps your boss asked you to drive to the nearest coffee shop. Maybe you were driving to see a client. Maybe you were in the process of relocating your employer’s store, and you were driving a moving van. Whatever the case may be, various car accidents can be work-related.
Some accidents are not work-related. For example, you might have been driving home from work after your shift. Perhaps you were driving to a nearby restaurant during lunch break.
Why Might I Want to File a Workers’ Compensation Claim After a Car Accident?
Some might argue that an auto accident claim is inherently more lucrative than a workers’ comp claim. This is because a car accident lawsuit can potentially cover 100% of your missed earnings and medical expenses, plus non-economic damages. In contrast, a workers’ compensation claim only covers two-thirds of your lost wages and your medical expenses. A workers’ comp claim does not provide any compensation for non-economic damages.
While an auto accident lawsuit may seem preferable, it is only possible under certain circumstances. Florida’s modified comparative negligence rule states that you can only file an auto accident lawsuit if your level of fault is lower than 51%. In other words, if you were the main cause of the accident, an auto accident claim may be impossible.
To complicate matters even further, Florida has a no-fault insurance system that pays out a certain amount regardless of whether you were the main cause of the accident. However, these “PIP” claims do not cover non-economic damages. Ultimately, you may need to discuss the most appropriate course of action with a lawyer. Both options may be possible.
Can a Tampa Workers’ Compensation Lawyer Help After a Car Accident?
While not all car accidents lead to workers’ compensation claims, some do. In some cases, workers’ comp represents the only potential source of financial support after an accident. In other cases, an auto accident claim may be more appropriate. Some situations may even lead to both workers’ comp claims and auto accident lawsuits. Whatever the case may be, an experienced workers’ comp lawyer in Tampa may be able to help. Continue this conversation with The Franco Law Firm today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&&URL=0700-0799/0768/Sections/0768.81.html
