When is a Workers' Comp Claim Suitable After a Florida Car Accident?

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When is a Workers' Comp Claim Suitable After a Florida Car Accident?

December 14, 2020

If your employer doesn’t require you to travel in a car as a part of your job’s requirements, then it is unlikely that if you are injured commuting to work or on your way home from work that you can file a successful Florida workers’ compensation claim. The “coming and going” rule frees employers of liability when it comes to injuries that take place during their employee’s commutes. However, the coming and going rule doesn’t apply to every car accident. There are many situations where an employee can be driving and get into a Florida car accident where they can file a valid and strong claim for Florida workers’ compensation benefits.

If you are injured while you are driving to your job or while you are driving home after a hard day’s work, and you get into an accident that doesn’t mean that you don’t have options. While the Florida workers’ compensation may not be the place for you to file a claim, you may still have a case for a Florida personal injury claim. Depending on the details of your accident situation you may be able to pursue a civil suit for all of the damages you had to endure after your Tallahassee car accident.

The best way to learn more about your legal rights and options when it comes to securing compensation for personal injuries is to speak with a legal professional in Florida. Stephen M. Andrews can examine your accident situation and discuss with you what strategies are available so you can get the money you need.

When Can An Employee File a Florida Workers’ Compensation Claim After a Car Accident?

When is a Workers' Comp Claim Suitable After a Florida Car AccidentThe coming and going rule dictates workers typically can’t be compensated through the workers’ compensation system for commuting, but there are exceptions to the rule. If you are leaving your place of employment and you trip and injure yourself in the parking lot, depending on who owns the parking lot can determine what type of claim you can file for compensation. If your employer has any amount of ownership via paying a mortgage or rent for the location you were injured you are technically considered at work and can file a Florida workers’ compensation claim. If, on the other hand, you are injured while you are leaving work in an area that your employer has no connection to, then it is likely you would pursue the personal injury claim route. 

When it comes to driving, the following situations would allow an injured worker from a Tallahassee car accident to file a Florida workers’ compensation claim:

  • An accident happens in a company car.
  • If you must travel to complete the responsibilities of your job such as if you are a professional driver like a taxi or bus driver.
  • If you are traveling between various job locations such as between meetings if you are a sales professional or an IT professional traveling between various buildings owned by a company.
  • If you are on a business trip.
  • When your employer sends you on a “special mission” or asks you to travel to some location to complete a task. It doesn’t matter if the special mission is related to your job or not, doing a task for your employer is considered job-related.

Speak with a Tallahassee Workers’ Compensation Attorney Today

Dealing with unsupportive employers after a Florida workplace injury is very stressful, but it is necessary that you obtain the essential documentation needed to help you with your claim. Call Stephen M. Andrews when you require assistance getting workers’ compensation benefits in Florida at (850) 906-9599. You can discuss your situation during a free consultation.

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