Fort Lauderdale Car Accident Attorney Blog
If you are injured on-the-job while driving, you may be entitled to compensation via a number of avenues. It’s important to discuss with an Orlando injury lawyer the best approach. Otherwise, you may find yourself short-changed.
Specifically, there is an interplay between auto insurance coverage and workers’ compensation. The latter is provided to workers who are hurt in the course and scope of employment, regardless of fault. Florida is a no-fault state as far as car accidents go, but if the cost for your injuries exceed $2,000 or are quite severe, you can pursue legal action against the other driver, as opposed to merely collecting personal injury protection (PIP) benefits. Your health insurance may cover a portion of your costs as well. If the other driver doesn’t have any auto insurance, you may be able to collect uninsured motorist (UM) coverage, if you have it.
But F.S. 627.727 does not allow for double recovery under workers’ compensation law. That means if your workers’ compensation benefits cover some aspect of your injuries that is later paid out by your UM carrier, your workers’ compensation provider may be able to assert a lien on those funds. These overlapping interests can get complicated, and that’s why it’s important to make sure you’ve got representation.
The recent federal appeal of Adamscheck v. American Family Mutual Ins. deal with these issues, which were weighed by the U.S. Court of Appeals for the Tenth Circuit. Continue reading →