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On-the-job injuries aren’t restricted to your employer’s facilities. Many Boca Raton workers sustain severe injuries from auto accidents while operating a vehicle in an official capacity as part of their job. This can raise the question of whether you should file an auto accident claim or a workers’ compensation claim. The truth is that you may be able to file for both and maximize your compensation, although your options will depend on the specifics of your case and the strength of your legal representation.
The workers’ compensation attorneys at Kanner & Pintaluga have the experience and resources to give your workers’ comp and third-party auto accident injury claims the greatest chance at success.
Most Boca Raton workers are eligible for workers’ compensation. As long as where you work has more than four employees, your employer should carry workers’ compensation insurance. Construction companies are required to carry coverage if they have just one employee due to the dangerous nature of the work.
That said, there are exceptions, including independent contractors, agricultural workers and domestic workers. Individuals in these positions usually don’t qualify for workers’ compensation due to the freelance nature of their work, but exceptions are situational. Consulting with an experienced attorney can confirm whether you’re eligible or not and how to augment your compensation.
In most cases, getting in an auto accident while commuting to work typically doesn’t qualify for workers’ compensation. However, there are some exceptions, such as if the employee is traveling as part of their work duties or if they are injured in a company-owned vehicle.
If an employee is injured while engaged in illegal activities or while committing a crime, they may not be eligible for workers’ compensation benefits, even if operating a vehicle is part of their job description and they were driving for work when the accident occurred. A common example is if a worker was injured while driving recklessly or under the influence while transporting equipment or traveling between jobsites. In that case, they likely won’t receive workers’ compensation benefits.
Alternatively, if an employee is injured while engaging in activities that are not related to their job duties, they may not be covered. For example, if you leave work to run a personal errand and get into an accident, you may not be eligible for workers’ compensation.
Examples of instances where a vehicle accident would qualify as a workplace injury include:
• A delivery driver involved in an accident while making deliveries.
• A construction worker injured by a moving construction vehicle on the job site.
• A salesperson traveling to meet a client in a company car or their personal car, if authorized by the employer.
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If eligible, you should receive total coverage for medical treatment, including hospitalization, prescription drugs and physical therapy, as well as vocational training and job placement if your injuries prevent you from returning to your previous position.
You are also entitled to receive partial coverage for lost wages (up to two-thirds of your weekly wage) and disability benefits if your work-related vehicle accident resulted in a disability – though how much you receive will depend on the type of injury and your pre-accident weekly income.
If you sustained a temporary disability, you could receive up to 66.67 percent of your previous wage up to the current maximum. If your disability is permanent, you may be able to receive that same percentage for longer. If it’s a total permanent disability, such as an amputation or a severe spinal cord injury, you could potentially be eligible to receive benefits every week until you reach retirement age or 75 years old.
At Kanner & Pintaluga, we have ample experience representing injured workers in both their workers’ compensation claim and their auto accident claims and will work hard to maximize your reimbursement so you can focus on your recovery with peace of mind.
Call (800) 586-5555 to discuss your case with an accomplished workers’ compensation attorney during a free consultation today.
925 South Federal Highway, 6th Floor
Boca Raton, FL 33432
(800) 586-5555
* Available by Appointment