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In Florida, you can file a workers’ compensation claim for injuries and illnesses related to various work-related incidents. But if you get in an accident on the way to work, workers’ compensation can be much harder to obtain – if you can obtain it at all.
Here’s what to know about workers’ compensation in the case of a car accident on the way to work, including when it might be worth contacting a workers’ compensation attorney to advocate for your claim.
Workers’ Compensation: On- vs. Off-Duty Accidents
The main distinction to keep in mind when considering workers’ compensation for a car accident while driving to work is the difference between on- and off-duty accidents.
Under Florida’s workers’ comp laws, certain businesses must hold workers’ compensation insurance for the coverage of medical expenses, lost wages, and other costs related to an injury or illness incurred in the scope of employment. This includes things like occupational illnesses, slips and falls on the job, and the work-related worsening of pre-existing conditions.
Now, here’s where things get tricky. What all of the above examples have in common is that they’re incidents that occur while an employee is on duty. Getting workers’ comp for an off-duty incident is a lot more difficult, and in many cases, may not be possible at all.
To get to the bottom of this distinction, it helps to go straight to the source. Florida Statute 440.092, which covers requirements for workers’ compensation, states that: “An injury suffered while going to or coming from work is not an injury arising out of and in the course of employment… unless the employee was engaged in a special errand or mission for the employer.”
In more basic terms: a car accident on the way to work is not treated the same as an employee car accident while working for workers’ comp purposes, even though the employee is on their work-related commute. So, while someone may be eligible for workers’ comp benefits in the latter case, the same is not true in the former.
Can You Get Workers’ Compensation for an Accident on the Way to Work?
In most cases, no.
Florida does not consider a car accident while driving to work to have occurred during the scope of employment, but rather as part of “going or coming” to work. As such, it is not covered under a business’s workers’ compensation insurance.
On the flip side, a car accident while on the clock, including a car accident while traveling for work, is generally going to be covered. That’s because workers’ compensation applies to accidents that occur:
- In company-provided transportation
- During the course of employer-directed errands
- In instances where employees are required to use their car for work
So no, you likely will not be eligible for workers’ compensation for an accident on the way to work, regardless of the fact you were commuting to or from your place of employment. You may, however, be able to file a personal injury claim against a negligent third-party to recover losses due to the incident.
Reporting a Work-Related Car Accident
It’s not always entirely clear whether an employee was operating their vehicle in a work-related capacity. If you’re unsure whether your car accident will be covered, it’s important to go through the proper steps of filing a workers’ compensation claim so that you can receive benefits if you are, in fact, eligible.
This process includes:
- Notifying your employer of the incident within 30 days of it occurring
- Seeking medical care immediately
- Holding on to all relevant records related to the incident, such as accident photos, police reports, and subsequent medical reports
After you notify your employer, they will have seven days to communicate the incident to their workers’ compensation insurance provider. From there, you’ll get a brochure outlining your rights, and an investigation into your workers’ comp claim will begin.
If you are determined ineligible for benefits, you will have the option to appeal. We recommend working with an attorney who specializes in workers’ compensation before filing a claim you’re unsure of, or if you need to appeal an initial denial.
Get Legal Support for Your Florida Workers’ Compensation Claim
If you believe you have been unfairly denied workers’ compensation benefits in Florida, we may be able to help.
As experienced workers’ comp lawyers, we’ve been helping Florida workers successfully file and appeal workers’ compensation claims for more than 30 years. This includes dedicated support for employees injured in a car accident while traveling for work or otherwise on the clock. We’re here to make sure you know your rights and defend your best interest when you’re injured. Contact the law office of Gordon & Partners today for a free workers’ compensation case review and professional help with your claim.