Frequently Asked Questions about Personal Injury Protection and Workers' Compensation Overlap

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

You have 30 days to file a workers' compensation claim so it is essential to do this as soon as possible. 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, file both of these claims as quickly as possible. Both programs need to begin processing your claims. 

Q: Which pays my medical bills first?

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. 

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

In these cases, you may have 3 or more claims. First, you have a workers' comp claim since you were injured while on the job. You have a PIP claim because you were in a car accident and injured. And since the other driver was being negligent, you can also file a suit against them personally.

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

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, may be 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. 

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

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.

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

If the insurance company that pays your PIP coverage is not helped by workers' compensation, PIP may take legal action. The injured worker 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. 

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

It depends. If you have PIP 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. 

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

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 PIP and workers' compensation benefits. 

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 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.