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Do You File A Claim With Florida Workers Comp Or Auto Insurance If You Are In A Work-Related Car Crash?

Filing a claim when you are injured on the job is a headache. However, it’s even worse after a work-related auto accident. Not only will you have to fight for your right to prove your claim, you may not even know where to file your claim. Is a work-related auto accident covered by Florida worker compensation insurance or is it covered by your employer’s auto insurance? Here is how to know where to file your on-the-job auto accident claim.

Where To File Your Claim

The answer is you will probably file for both. The workers compensation claim is the primary claim you will file depending on the accident scenario. You will file a workers compensation claim if you are a professional driver, were making deliveries, or running an errand. You just have to prove that you were driving as part of a work requirement. If on the other hand you were commuting to work or running personal errands in a work vehicle, you will not qualify for workers compensation. Workers compensation will cover your medical bills, any lost wages, and disability if needed. Since the injury occurred on the job, it counts as a work-related injury.

How To File A Workers Compensation Claim

Filing a workers compensation claim starts by immediately informing your work about the accident. Your employer will have the forms needed to fill out the claim. You will fill out these forms and they will submit them to both their insurance company and the state of Florida. If your employer refuses to provide these forms, you still have a right to file a claim. In this case, you can go directly to the Florida Division of Workers Compensation. It’s also a good idea to contact a workers compensation attorney about the claim.

When Would I File A Claim With Auto Insurance?

After filing a workers compensation claim, you may also be able to file a claim with auto insurance. Filing both can help you receive a larger settlement for your injuries. In order to file an auto insurance claim, you will have to prove the other driver caused the accident. Your employer may already pursue this claim if their vehicle was damaged. In that case, you will file a claim for the injuries. If you file both claims, be wary because this will bring more scrutiny to your case.

So if you are filing claims against both, it is highly advised you work with an attorney that specializes in personal injury law. Without an attorney, your employer may be able to take a percentage of your auto insurance compensation to pay for the cost of the workers compensation they had to pay.

How An Attorney Can Help

A skilled attorney will help you navigate both claims processes. They will help fight to get you the full compensation you need for your injuries. They will advise on the best course of action on where and how to file your claim. They will also help gather all the evidence you need to prove your damages and calculate what those damages are worth. A good attorney will also fight to protect your rights to a full and fair settlement.

The team at Justice Pays, Goldman, Babboni, Fernandez, and Walsh can help. Our Sarasota / Bradenton area on Florida’s west coast attorneys specialize in auto accident injuries and workers compensation claims. We can help you navigate the claims process and ensure that you get the compensation you need to get your life back on track. Give us a call at 1-833-954-1234 for a free case review. We’ll answer any questions you have and help you understand your options.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

Do You File A Claim With Florida Workers Comp Or Auto Insurance If You Are In A Work-Related Car Crash?

Goldman Babboni Fernandez
Murphy & Walsh

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