Personal Injury Protection and Workers Compensation Overlap (On-The-Job Car Accidents)

Personal Injury and Workers Comp overlap

Did you know that you could have more than one case at a time? You could qualify for multiple benefits.

An employee can file for both Personal Injury Protection (P.I.P.) and workers' compensation benefits simultaneously if an accident occurred while they were driving:

 
  • A car owned by the company,​
  • Within the scope of their employment, and
  • On company time
 

For instance, if an employee is in a car accident while driving on company time, they were still technically "hurt at work," and they may be eligible for benefits under both the workers' compensation law and Florida's No Fault insurance law.

Employees seeking both of these benefits can expect payment primarily from Personal Injury Protection. The Workers' Compensation and No Fault laws provide payment for some aspects of medical care, and if both are applied to one accident, then P.I.P. pays first. If there are aspects of care that P.I.P. cannot pay, then the employee's workers' compensation benefits or their personal insurance coverage can pay for these costs.

As you can imagine, the law is already a complicated system, and dealing with two cases at once only increases the confusion. The risk of making mistakes increases.

Before payments can be disbursed, both insurance carriers need to be notified in a proper manner. These laws both require specific means of notification, and your claim may be weakened or voided without it.

 

Both laws cover lost wages as well. The workers' compensation page discusses how the weekly wage of an injured employee is computed and applied to lost wages. P.I.P. pays 60% of the lost wages not covered by workers' compensation. For example, an employee is injured in a car accident while working and loses $10,000 in wages. Workers' compensation pays between 66 2/3% and 80% of lost wages, so suppose the employee receives $7,000. There are $3,000 remaining, and P.I.P. covers 60% of this. The employee can receive $1,800 more if they pursue P.I.P. benefits.

The law states that P.I.P. benefits can be reduced if being received at the same time as workers' compensation or Medicaid benefits. Understanding the procedure, therefore, is vital to claiming all the compensation you are owed.

The attorneys at the Coye Law Firm understand the confusing and somewhat binding interactions between P.I.P. and workers’ compensation.

Call 407.648.4940 or contact Coye Law Firm today for a free, private strategy session about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

If you'd like to learn more about injury law and your rights, read my book, Sharing the Secrets, Learning the Lies: A Guide to Florida Personal Injury

From this book you will learn… Personal Injury Book for consumers

  1. The ONE THING you must do within 14 days of your accident (page 42)
  2. The two most important factors in determining case value (page 10)
  3. How to understand what your insurance will and will not cover (chapter 3)
  4. 6 critical steps you must take after an accident (page 65)
  5. Why you should not trust the insurance company’s repair shop (page 72)
  6. How to choose the right doctor (chapter 5)
  7. A claim you could make against your own insurance company if your car is damaged, but not totaled (page 86)
  8. The secrets to getting a fair settlement (chapter 10)
  9. An 8-step breakdown of the normal process for lawsuits (page 109)
  10. The one 4-letter word that might cost you (chapter 12)
  11. How to start gathering the most important evidence you need (page 75)
  12. …and more!

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