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Kobal Law

Can I Obtain Workers’ Compensation Benefits For A Work-Related Car Accident?


Contrary to popular belief, car accidents are covered by a workers’ compensation insurance policy unless the employee is:

  1. commuting to or from work;
  2. not driving in the course and scope of employment; or
  3. deviating from a work-related route.

If you were injured in a car crash while on the job and performing your work duties, you may be able to obtain workers’ compensation benefits. However, you may need the assistance of a Tampa workers’ compensation attorney to help you prove that you are eligible to get compensated.

Are Work-Related Car Accidents Covered by Workers’ Compensation Insurance?

If you were injured during a work-related car accident, you need to determine whether or not your injuries are covered by your employer’s workers’ compensation insurance policy.

Under Florida law, you are eligible for workers’ compensation if your injury occurs during the course and scope of employment. Thus, if you sustained injuries in a car accident, you need to prove that you were performing your job duties at the time of the crash.

You may be able to obtain workers’ compensation benefits for work-related car accident injuries if you were:

  • Driving for a work-related purpose
  • Running your employer’s personal errands
  • Driving from one work location to another in the course of employment
  • Driving other employees for work purposes
  • Making a delivery for work
  • Driving for a compensated reason related to your job duties

In addition, if driving is your primary job duty (e.g., you are a truck driver), and you get injured in a motor vehicle accident during your regular work hours, you may be entitled to workers’ comp benefits unless you deviated from the work-related route or were running personal errands during work hours.

Can I Get Compensated if I Was at Fault for the Car Crash?

Fault does not matter when seeking workers’ compensation benefits after a work-related car crash. However, the same cannot be said about civil claims filed against the other driver involved in the accident.

However, in order to get compensated for your damages and losses through a third-party personal injury claim, you will have to prove that the other driver was negligent.

Can I File a Third-Party Personal Injury Claim While Collecting Workers’ Compensation Benefits?

Yes, absolutely. If you qualify for workers’ compensation, you may still be able to file a personal injury claim against the at-fault driver involved in your car accident.

You can obtain compensation through a third-party personal injury claim while collecting workers’ comp benefits. However, while you are not required to prove fault in order to be eligible for workers’ compensation, you will need to prove that the other driver is at fault in order to prevail on your civil claim.

It is advisable to consult with a Tampa personal injury attorney to determine if you can sue the other motorist for your car crash while receiving workers’ compensation checks.

Contact our personal injury and workers’ compensation lawyers at Kobal Law to discuss your particular case. Our knowledgeable attorneys can help you recover damages through a third-party civil claim while collecting workers’ comp benefits. Call 813-873-2440 to get a consultation.

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