Can I still file a claim for damages following a Florida truck accident if I was working at the time the truck struck my vehicle?


Attorney Daniel VillalobosAuthor: Attorney Daniel Villalobos

The answer is YES. A lot of times people believe that if they were working at the time of the accident for an employer who has workers compensation insurance, then they cannot recover any additional money. This is not true. Although you may not be able to recover any money against the employer in excess of the workers compensation payout, you can still collect money for bodily injuries by the insurance company for the person who caused the accident. Workers compensation claims typically only reimburse an injured person for lost wages. There is no compensation for pain and suffering in workers compensation claims in Florida. So it would be extremely unfair for a victim to not be able to file an injury claim against the perpetrator’s insurance liability policy.

Imagine the following scenario. Person A is working at the time of the accident and is hit by Person B. Person B was driving a truck owned by a large company. Person A can file a worker’s compensation claim for all the days he was out of work as a result of the accident. Let’s assume Person A collected $10,000 for lost wages. Person A still has a claim against the liability insurance carrier for Person B for the actual injuries (not lost wages) that Person A suffered as a result of the accident. If Person A had surgery as a result of the accident, it is possible that Person A’s claim could be worth an additional $500,000. Thus Person A would collect $510,000 from both the workers compensation insurance carrier and the defendant’s own liability insurance carrier.

Don’t accept any offers for injuries without first contacting our firm. Call us for a free consultation. We do not charge a fee or costs unless we recover money for you.



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