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

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
Answered

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

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

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