Frequently Asked Questions about Personal Injury Protection and Workers Compensation Overlap

1. Q: Should I submit a PIP claim or a workers' comp claim first? 

A: You should immediately report the workers' compensation claim. You only have 30 days to file this type of claim, so it is essential to do this first. Personal Injury Protection claims also need to be filed with your car insurance company in order to coordinate benefits and avoid disputes. If you can, take care of both of these quickly. Workers Comp benefits pay for your medical bills first, but both programs need to begin processing your claims. 

2. Q: Which pays my medical bills first?

A: Personal Injury Protection, or PIP, pays your medical bills first. As a driver in Florida, you are required to have at least $10,000 of this type of coverage. This coverage pays for your injuries in a car accident up until the amount you have insured. The workers compensation system then works with your insurance carrier to coordinate benefits as the law specifies. 

3. Q: What if a drunk driver hit and injured me while I was driving on company time? Does that affect my claim? 

A: In these cases, you may have 3 or more claims. First there is workers' comp, since you were injured while working. Then comes the personal injury protection claim because you were in a car accident and injured. Since the other driver was being negligent, then you can also file a suit against them personally. If you have experienced an accident while driving due to a drunk driver, defective product, or roadside hazard, contact our offices today. The Coye Law Firm can examine all areas of liability in your case and help you get the benefits you need. 

4. Q: What if I am injured in an accident that I caused on company time? Do I still get workers' compensation? 

A: You are still entitled to workers compensation benefits in this case. The workers' comp system is a no-fault system, meaning that if you are injured within the scope of your employment, then it doesn't matter who or what caused the accident. Your personal injury case, on the other hand, is affected by who is at fault. Call the Coye Law Firm today to see if you have more than one claim in your on-the-job car accident. 

5. Q: What about accidents resulting in property damage? Am I responsible if I cause it? 

A: If you are uninjured in an accident you experienced while driving for work, you are not eligible to receive workers' compensation. Depending on whose automobile you were driving, you may be held responsible for the property damage you caused. If you were driving your own vehicle, you and your insurance company are responsible for paying for the damage. If you were driving a company car, then your employer may have a group insurance policy that covers some of the damage. Be sure to review your company's policies before you are in this situation. Knowing your responsibilities and the right procedure can save you time, money, and stress. 

6. Q: What happens if a dispute arises between my insurance companies? 

A: If the insurance company that pays your P.I.P. coverage is not helped by workers' compensation, they may take legal action. The injured workers shouldn't worry about being involved in another case if this happens because the issue is now between the two carriers. You may be asked to give statements or records regarding the payments, but not much more. 

7. Q: Who do I contact if my medical bill isn't being paid? 

A: It depends. If you have personal injury protection coverage (which you are legally required to have ), then that pays first. However, if you have used all of those benefits, then workers' compensation may take over. If your medical bills aren't being paid and your claim has been processed, you need to speak with an attorney at the Coye Law Firm immediately to resolve the issue. Call our offices today to speak with a compassionate lawyer experienced in workers' compensation and personal injury matters. 

8. Q: Does workers' comp or PIP pay my deductible?

A: Usually, workers' compensation cases don't have deductibles. However, both systems work together to avoid giving the burden of the co-pay to the injured person. The law states that there is a procedure for applying and crediting both personal injury protection and workers' compensation benefits. The order is complicated and can be clarified by the veteran lawyers of the Coye Law Firm. 

These cases can be confusing. Personal Injury Protection and workers' compensation benefits are meant to help injured people, but their coordination may be complicated. If you are trying to pursue benefits from many areas, an experienced attorney from the Coye Law Firm can help you understand how your payments work together. Call our offices today. 

Do You Still Have Questions?

Call 407.648.4940 or contact Coye Law Firm today for a free consultation 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.

Discover POWERFUL SECRETS and COMMON LIES of Florida Workers' Compensation 

If you are someone you know is struggling with the workers' comp process, get a FREE hard copy of my workers' compensation book and you will be squared away in no time!

From my book you will learn...

  • The one thing you MUST do within 30 days of a work injury (page 16)
  • How to fill out a First Report of Injury form (page 20)
  • The first step you need to take to receive wage loss benefits (page 54)
  • What medical decisions your employer can make for you (page 26)
  • How to protect your benefits after being placed on light duty (page 38)
  • How to deal with rude workers' compensation doctors (page 39)
  • Disastrous workers' comp traps to avoid (page 83)
  • Others methods to pay for your medical costs (page 45)
  • What "maximum medical improvement" means for a claimant (page 63)
  • ...and much more.

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