Altamonte Springs, FL asked in Car Accidents, Personal Injury and Workers' Compensation for Florida

Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

3 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from the driver).

Regarding the issue of timeliness, you didn't say when you were injured, but in any event, in this forum, you cannot obtain a professional opinion with certainty about timeliness because that would create an attorney-client relationship, which no answers here can do. The best you'd be able to do is get an answer indicating you are likely, or unlikely, within the time period in which you are permitted to make a claim, and recommending you contact an attorney for an opinion.

Tim Akpinar agrees with this answer

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
Answered
  • Personal Injury Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Given the limited facts you provided, you should claim work comp benefits. You may also have a liability claim against the at fault party. Under Florida Law, you have 30 days to provide notice to your employer. If your employer was aware of your accident and that your missed time from work for your surgery was due to the accident, you may also be able satisfy the notice requirement even if you did not specifically tell your employer yourself about the accident. You should consult with a lawyer that does both work comp and auto accidents to weigh your options.

Tim Akpinar agrees with this answer

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Personal Injury Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Because you were injured while on the job, you have a Worker’s Compensation claim, as well as a third-party claim against the other driver, if he was at fault. Retain counsel on contingency fee, which means you don’t pay anything unless you win.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.