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 example, 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 fuzzy interplay between P.I.P. and workers’ compensation.