Injured in a Tampa Car Accident
On the Job? Ask Your Attorney about Using PIP vs. Worker's
Compensation Benefits
If you are injured in
a car accident while working in the Tampa Bay area and
the other driver is at fault, there may be several insurance
benefits you can use to pay for your medical bills and
lost wages. This creates some confusion for employees
who drive for a living because they do not know where
to file a claim for car accident injuries sustained while
on the clock. Should they use their own personal injury
protection, or PIP, insurance? Or their worker's compensation?
Or their employee health insurance? Or Medicaid?
All of the above benefits
may be applicable in a work-related car accident in greater
Tampa, Florida, but some benefits provide better coverage
than others. Coordinating these benefits also can be a
complicated process, full of red tape and legalities.
We recommend, therefore, that employees injured in work-related
car accidents consult with a Tampa
car accident attorney to learn their rights.
In many cases, an attorney
will recommend that you go ahead and file a worker's compensation
claim with your employer. By doing so, you may be required
to see a worker's compensation doctor and to continue
that treatment at least once a year, but at least you
will reserve your right to worker's compensation benefits
in the future. However, before you collect any money from
worker's compensation, it is often best to also file a
claim with your own PIP insurance immediately, and use
those benefits first. Once your PIP benefits are used
up, then you can proceed to use your worker's compensation
benefits, health insurance, or government benefits.
Issues such as the extent
of your injuries, as well as the size and expected duration
of your wage loss, will also play a role in determining
whether to use worker's compensation vs. your own PIP
insurance. You might also switch in the middle of using
your worker's compensation insurance to PIP because you're
not happy with the doctors worker's comp is providing
to you.
Depending on the circumstances
of your case, there could be several advantages to using
your own PIP coverage first:
- With PIP, you can
choose your own doctors but you cannot with worker's
compensation.
- Florida law allows
you to use your PIP before worker's compensation.
- PIP benefits do not
have to be paid back.
- Worker's compensation
benefits, other government benefits, and health insurance
benefits will have to be paid back if you receive a
settlement from the at-fault party to pay for your injuries.
Worker's compensation can also demand any PIP benefits
you have available.
Therefore, by using your
PIP benefits first, you will be able to see any doctor
you prefer and you will not have to pay those benefits
back if you receive a settlement from the at-fault party
for your injuries. Once you have exhausted your PIP benefits,
you then can proceed to worker's compensation, health
insurance, and other government benefits.
The above information
does not apply to every case, which is why it is important
to speak with an attorney as soon as possible. Please
contact Tampa car accident attorney Dale Appell, P.A.
for more information about your work-related car accident
in west central Florida including Sun City Center, Clearwater,
Oldsmar, Hernando, Riverview, St Petersburg, Tarpon Springs,
Largo, Pinellas Park, Odessa, and beyond.
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