At Sternberg | Forsythe, P.A., our workers’ compensation lawyers understand that workers injured on the job are covered by their employer’s insurance (with some exceptions).
However, before coverage begins, workers’ compensation insurance providers require the injury to be work-related or related to the employer’s position. When this connection is proven, the injured worker can begin receiving workers’ compensation benefits.
If you are in a truck accident while riding or driving a vehicle for a work-related purpose and are away from the property, you may also be covered by workers’ compensation benefits.
Determining if the truck accident and injury are work-related and eligible for workers’ compensation benefits comes down to the facts of the situation.
Here is what Florida employees need to know about these situations.
What Florida Truck Accidents Are Considered “Work Related?”
While this is not an exhaustive list, Florida workers are considered “on the job” when they are involved in a truck accident while doing any of the following:
- Transporting a client or another employee
- Traveling for work
- Making a work-related delivery
- Running an errand for their employer or boss
- Driving as their profession
A person will not be eligible for workers’ compensation benefits if they are commuting to or from work in a work truck unless they were doing this for their employer when the accident occurred or if they are an independent contractor.
Can You Pursue Damages from the At-Fault Driver’s Insurance?
The short answer to this question is “yes.” If another driver hit your work truck and caused your injuries, you may be able to pursue a claim by filing a personal injury lawsuit.
Workers’ compensation benefits are typically different than the compensation you can receive by filing a personal injury claim. It is best to discuss your situation with a skilled attorney to see which option is best for your situation.
In some situations, you can file for both. Your workers’ compensation claim is the main legal claim you file (in some situations). You can file this claim if you work as a professional driver, are running an errand, or making deliveries.
The key in these cases is to prove you were driving for work or as part of your work requirements. However, if you were running personal errands or commuting to or from work in your work truck, workers’ compensation will not apply to your situation.
Workers’ compensation benefits will cover related medical costs, lost wages, and disability pay (if necessary). Since your injuries occurred while you were working, it would count as a work-related injury.
How to File a Florida Workers’ Compensation Claim
Filing a workers’ compensation claim can be confusing at first. The first step is to inform your employer or boss about the incident. Your employer will provide you with the forms that must be filled out and filed for the claim.
You must fill out the forms, and your employer will submit them to their workers’ compensation insurance company and the state of Florida. You can still file a claim in situations where your employer will not provide these forms.
To do this, visit the Florida Division of Workers’ Compensation. It is also wise to contact our legal team about your claim. We can help protect your rights to benefits.
When to File a Claim with an Auto Insurance Company
After you have filed a workers’ compensation claim for your Florida truck accident, it may also be possible to file a claim with an auto insurance company. If you file both of these, it can help you receive a bigger settlement for your injuries.
To have a viable auto insurance claim, you must prove that the other driver caused the accident. Your employer can also pursue this claim if the work truck is damaged.
If you move forward and file with both claims, it will increase the scrutiny around your case. Be sure you understand this.
When filing a claim against both, it is best to work with an attorney who understands the law in these areas. You may not get the outcome you hoped for if you do not have legal representation.
How Our Legal Team Can Help
Hiring an experienced attorney will ensure you have advice and guidance with both claims processes. They will work on your behalf to help you secure the full compensation you need for your injuries. The attorney you hired can also provide advice regarding how and where to file your claim.
The right work truck accident attorney is going to help gather related evidence and prove your full damages and what they are worth. It is important to have a lawyer willing to aggressively fight for your rights and protect them to the best of their abilities.
At Sternberg | Forsythe, P.A., our workers’ compensation attorneys will help you with each step of the legal process. Call our office today or schedule a consultation to learn more about our services and how we can help with your claim.
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