Delivery Driver: Do I File Workers’ Comp or Personal Injury?
Worker’s Compensation is a State-run program that protects injured workers. The purpose of workers compensation is to require employers to provide care or their injured workers. If as an employee, you are injured on the job, your employer will be required to provide you with medical treatment. If your injury prevents you from working then the employer will be required to pay you lost wages as well. The third benefit your employer may be required to provide is a potential settlement of your claim.
To receive any one of these benefits, you must meet certain requirements. First, the employer must be required by the State of Florida to have workers compensation insurance. Employers with five or more employees must carry workers compensation insurance. Second, your injury must have occurred during the scope of your employment. Third, you must notify your employer of the injury within the first 30 days.
If you are working as a delivery driver and you are in a car accident you may question whether you should file for worker’s compensation or personal injury. This will all depend upon the facts of the case. If you are in a car accident with another driver you have the opportunity to file a personal injury claim against the driver. You can also file a workers compensation claim against your employer. However, if there is no other car involved in the accident then your remedy is limited to the workers’ compensation field, thus bringing an action against your employer. The reason Employers are required to provide workers compensation insurance for their employees is to not only protect themselves from personal injury suits but also to ensure the employees is able to receive the treatment they need to recover. As a delivery driver, the facts of your case will determine whether you have the potential for a personal injury case, or if the accident is limited to the workers’ compensation system. The best thing you can do in this situation is to reach out to an experienced Worker’s Compensation attorney. At LaBovick, LaBovick & Diaz we provide free consultations on any types of claims. Call us today if you have a question about what your remedy is for your injury.