Workers’ compensation is the state-run program that legally requires employers to provide financial benefits to employees that sustain an injury while at the workplace or on the job. In today’s world, there are a number of different jobs that require travel and therefore driving can become part of one’s daily or weekly routine. Under the circumstances of a car accident happening, is an individual who sustains injuries in said car accident still eligible for workers’ comp benefits?
Under Florida law, an individual that is injured in a car accident may still receive workers’ compensation if certain conditions are met. Firstly, the individual must be “on the clock” or working on the employing company’s time. A commute to work does not garner a workers’ compensation claim, although there are some exceptions to this. However, if an employee is in the accident during working hours, whether he or she is driving a company vehicle or not, compensation may still be provided. The worker must also not be under the influence of drugs or alcohol while operating the vehicle when the accident takes place.
Another common and related question is whether or not a person may still be eligible for workers’ comp if he or she was at fault in the accident. Just like under normal workplace circumstances, the reason for the incident is irrelevant, all that matters is that an injury was sustained. Therefore, even if the worker was at fault in the accident, he or she would still be able to collect workers’ compensation.
Any time that a worker is injured while on the job or in the workplace, even if that workplace is the open road for a time, he or she is entitled to compensation from the employing company. If such a claim is refused, there are grounds to pursue a lawsuit to win them. When that happens, it pays to have a skilled and experienced attorney on your side to help ensure that the case is won and proper benefits granted. To learn about how we at the Franco Law Firm can serve you in this role in your workers’ compensation case, please call us at (813) 872-0929.