Tag Archives: Miami car accident lawyer

Injured In A Car Wreck While “On The Job.” How Is It Handled?

car accident on the job in florida

Injured in a car accident on the job?  Is it a personal injury case or worker’s compensation claim? Or both?

The Correct Answer Is Both.

In Florida, a motor vehicle accident that occurs while you are working is an injury that will be considered an “on the job” injury. This means that the law requires that the medical bill be paid through your employer’s worker’s compensation insurance coverage.

Does PIP Cover Injuries From An Accident While “On The Job”?

Typically, in a Florida car wreck case, your “no fault” or “personal injury protection” or “PIP coverage” will be the primary payment source for your medical expenses. This is NOT true when the wreck occurs while you are “on the clock” and working. When a motor vehicle accident occurs while you are working, you should report the wreck and the injury to your employer. Your employer then has an obligation to notify its workers’ compensation carrier. The workers’ compensation carrier will then arrange for your treatment to take place.

What Is Considered “On The Job?”

Keep in mind that driving to and from work is not considered “on the clock” and is generally NOT considered a worker’s compensation injury.  This is also true for lunch breaks and other breaks where you are not being paid at the time of the wreck.  Sometimes however if you are on a special errand for work and you are combining that with a lunch break or you are doing something for work on the way home, then it could be a worker’s compensation injury.

How Does Worker’s Compensation Work?

Consideration of the potential for worker’s compensation involvement is critical to your motor vehicle accident case. If you are the victim of a car wreck in Florida and you are working, all other insurance companies (including the at-fault driver’s insurance) will be expecting your medical bills to be paid by worker’s compensation. The at-fault driver’s insurance will not be required to pay the medical bills as the primary payor since the law requires the worker’s compensation carrier to pay those bills. If worker’s compensation is not involved when it should be, the at-fault driver’s insurance will argue that they are not liable for medical expenses because they should have been submitted to worker’s compensation.

Many Florida car wreck victims do not realize that worker’s compensation should be involved since they are usually not at their workplace when the wreck happens. Some employers do not understand that employees injured in car wrecks are actually suffering an “on the job” injury if they are on the clock at the time of the wreck. This is a critical issue and sometimes it requires that the employee direct their employer to notify the worker’s compensation carrier.

Do Not Delay Notifying Your Employer of the Accident and Injury.

Until the worker’s compensation carrier is involved, medical treatment will be delayed. This is sometimes not in the injured party’s best interest, and they are required to use their PIP coverage to get emergency care. These items need to be addressed at the outset of a case and must be handled properly or it could cause issues with both the car wreck case and the worker’s compensation case.

HOW LONG AFTER AN ACCIDENT DO I HAVE TO REPORT IT TO MY EMPLOYER?

You should report it as soon as possible but no later than thirty (30) days or your claim may be denied.

Reference: Section 440.185, Florida Statutes

WATCH OUR YOUTUBE VIDEO  >

Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >

Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.

If you or a loved one is injured in a car wreck while “on the job” feel free to reach out to our firm for a free consultation at zarzaurlaw.com or 855HireJoe.

Sources:

https://www.myfloridacfo.com/division/wc/

https://www.myfloridacfo.com/division/wc/employee/faq.htm

https://www.cdc.gov/niosh/motorvehicle/resources/crashdata/facts.html

 

Florida Car Insurance 101: Part 6 – Car Wrecks And Rental Cars.

Many Florida car wreck victims assume that if they are caused to be without a car because of someone else’s negligence, they will automatically get a rental car. Many believe that as they are on the scene, someone from the other person’s car insurance company is going to drive up to the scene and hand them the keys to a rental car and haul their car off to be fixed or totaled. This could not be further from how it works in real life.

Loss Of Use Damages

After a Florida car wreck, the at-fault driver will be responsible for what is called “loss of use damages.” Loss of use damages are damages associated with the loss of use of your vehicle. For some reason, there has been sufficient damage to your car to make it unsafe to drive.

If, for instance, your car only has minor damage and those damages do not cause your vehicle to be unsafe to operate, then you are not going to be eligible for loss of use damage until they start working on the repairs.

Accepting Liability Prior to Offering A Rental Car

Before any company will offer a rental car, the insurance company first has to accept liability for the car wreck. This usually takes between 48 hours and a week on some occasions. What generally happens during this time is that the at-fault driver’s insurance company will conduct what they will call an investigation.

The Difference Between Driver’s Exchange Of Information And The Wreck Report

This investigation will consist of reviewing the wreck report and speaking with the insured driver. Keep in mind that the full wreck report for a Florida car wreck will not be available for several days following the wreck. Typically, between 2 and 5 days following a wreck, the Florida Wreck Report is not the piece of paper the Trooper gives you at the scene. That document is titled the Florida Exchange of Information form. That is not the wreck report. The wreck report will be drafted by the same trooper and will be released later. Keep in mind that it is always important to wait for law enforcement to complete a report on any wreck. 

If you do not have an official wreck report following a wreck, the insurance company will have much more room to come up with a different version of events. Once available, the at-fault driver’s insurance company will review that report and compare the description of the wreck to the version of events provided by their insured.

What If There Is A Contradiction Or Reasonable Doubt? 

If there is no difference, then the at-fault driver’s insurance will typically accept liability or responsibility for the wreck. If there is some contradiction, the at-fault driver’s insurance company will usually go with what the trooper concluded unless there is another witness who also sides with the other version of events. Any reasonable doubt will likely cause the insurance company to refuse to accept liability. If there is no outright acceptance of responsibility, there will not be any offer to provide a rental car.

How Long Will The At-Fault Driver’s Insurance Company Pay For A Rental Car?

However, if the insurance company for the negligent driver does accept responsibility, then they will usually offer a rental car if your vehicle is unsafe to drive.  They will usually extend this offer until they have made a check for your car (if its a total loss) available for you.  They will not pay for a minute extra once they have presented you with a check for your car.

What If The At-Fault Driver Doesn’t Have Enough Coverage?

It is also important to understand that if an at fault driver in a Florida car wreck case doesn’t have enough coverage to pay for your car damages and provide money for a rental car, the insurance company will not offer that car.  Your only option at that point is to see if your insurance policy has a rental car benefit and if it doesn’t then it will be your responsibility to pay for the rental.  This is a huge inconvenience and if you end up with an injury case, inconvenience is an element of damages that can be collected from the at fault driver within in the injury case.

For more information about rental cars following a Florida car wreck case, please feel free to reach out to our firm at zarzaurlaw.com or 855HireJoe.

WATCH OUR YOUTUBE VIDEO ON RENTAL CARS AFTER YOUR CAR WRECK >


Learn More About What To Do If You Are In An Accident From Our Car Wreck Checklist >


Joe Zarzaur is a Board Certified Civil Trial Attorney whose firm is dedicated to promoting community safety since 2007. ZARZAUR LAW’S AREAS OF PRACTICE: Serious Personal Injury, Product Defect, Auto Accidents, Cycling Accidents, Motor Vehicle Accidents, Products Liability, Wrongful Death, Community Safety, Boat and Jet Ski Accidents, Slip and Fall Injuries, and more. Licensed in Alabama and Florida.

It is also important to consult with a Board Certified Trial lawyer who has the knowledge and experience to help you. We know accidents can be stressful and want to make the process as easy as possible for you. Call Zarzaur Law, P.A. today at (855) Hire-Joe for a free legal consultation or visit www.zarzaurlaw.com.