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Injured in a Car Accident While on the Job, Does PIP or Workers Compensation Insurance Apply?

If you are injured in a motor vehicle accident while in the course and scope of your employment, you may be entitled to medical and loss wage benefits from workers compensation and no fault PIP insurance simultaneously. The Florida Motor Vehicle No Fault Law requires motorist to maintain a minimum of $10,000.00 in insurance for PIP benefits to cover losses sustained as a result of bodily injury, sickness, or death related to motor vehicle accidents. PIP will cover 80 percent of medical and related expenses and 60 percent of your wage loss. Florida Statute §627.736(4). That provision of the PIP Statute, considers PIP benefits to be primary “over any other insurance” due to the fact that you were involved in a motor vehicle accident. Although PIP benefits are primary, workers compensation benefits may also be accessed simultaneously. However, even though PIP benefits are considered primary, workers compensation benefits “shall be credited against” PIP benefits. If you receive workers compensation benefits due to a motor vehicle accident and you settle a claim for bodily injury benefits, you may be obligated to reimburse the workers compensation carrier.

If you have not exhausted your PIP benefits at that point, you may be entitled to receive additional benefits from your PIP carrier to reimburse the workers compensation carrier for their payment. There are also other scenarios where the injured party may receive both PIP and workers compensation benefits simultaneously. The application of PIP and/or workers compensation law to the scenarios and how they are to be reimbursed are technical and may seem complicated.

If you have been injured in a car accident and need advice as to what to do in such a scenario, please do not hesitate to contact the Law Office of Rafael J. Roca, P.A. a car accident attorney with the experience in PIP and Workers Comp insurance accidents.

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One Response to “Injured in a Car Accident While on the Job, Does PIP or Workers Compensation Insurance Apply?”

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