Are Car Accidents Covered by Workers’ Compensation?

Nobody likes to think about being in a car accident, but it can happen to anyone who drives as part of their work duties. You might be eligible for workers’ compensation if you were injured in a car accident while driving or riding in a vehicle for work-related reasons. Tom Ueberschaer, P.A. is here to help with guidance and legal advice to fight for the benefits you deserve.

When Are Car Accidents Covered Under Workers’ Comp?

Car accidents are covered under workers’ comp if they occur during your employment and for a work-related reason. If you are on the clock and working on tasks for your job when the injury happens, it is covered under workers’ comp.

If you were not performing work duties or driving to or from work, your accident might not be covered. There are always exceptions, so if you get hurt in the car, and it is even partially related to work, contacting a workers’ compensation attorney like Tom may be a good idea.

What Should I Do if I Am in a Car Accident While Working?

The first step is to immediately call first responders to the scene to ensure everyone who needs medical attention receives it. That includes you, even if you do not feel injured. Some injuries take days or weeks to show symptoms, and getting attention early can stop an injury from worsening.

Next, report the accident to your employer, who should help you with the next steps to file a claim. You should also submit a notice of loss to your company’s workers’ compensation insurance carrier as soon as possible after a collision. Acting early can make a big difference in getting your claim handled properly. Be sure to follow all instructions from your employer, including seeing a doctor that they approve and following the doctor’s instructions.

A new law (HB 837/SB 236) has reduced the time limit for filing complaints in general negligence cases from four years to two years. Don’t wait to file your claim.

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What If I Was at Fault for the Car Accident?

Even if you caused the car accident, you will still be able to collect workers’ compensation benefits. Workers’ compensation is a no-fault form of insurance, which means that it does not matter who was at fault so long as the accident occurred during the normal course of your work duties. Workers’ compensation is not the same as a personal injury case. It covers your work-related medical bills and expenses and your lost wages so you can make ends meet while you recover.

Can I Also File a Car Accident Claim Against the Other Driver?

Yes, you may still be able to file a third-party personal injury claim against the at-fault driver for the accident. Filing a claim would be a good idea if the other driver’s negligence caused the accident, as personal injury claims can allow you to collect more significant damages than workers’ compensation. Workers’ comp, for example, does not cover your pain and suffering, emotional trauma, loss of consortium or loss of future earning capacity.

It is essential, however, to speak with a qualified personal injury and workers’ compensation lawyer before moving forward. An attorney like Tom can help you determine if a personal injury claim may be the right path and can help to guide you through things like reimbursement of medical expenses to the insurance company in cases where this might be necessary. 

Ask Tom for a Free Consultation.

If you have been in a car accident while on the job and are unsure what to do next, Tom Ueberschaer can help. Tom can answer all of your questions, address your concerns and work on your behalf to take on insurance companies intent on denying your claim. He can provide comprehensive legal services for Florida car accident victims. 

When you call the office of Thomas J. Ueberschaer, you speak to Tom and work with him, not just a faceless lawyer or legal assistant from some big conglomerate. Best of all, if Tom does not win your case, you will not owe a dime. Contact Tom Ueberschaer at 850-434-8778 or use our contact form for legal advice, information and guidance with your car accident workers’ compensation case today.