Car accidents happen…Even At Work.
Can you collect workers comp for an auto accident?
There are a lot of ways to get injured at work: a forgotten hard hat, an unsecured rug, or even overexertion. But one of the most overlooked causes of workplace injuries is something millions of Floridians do every day—driving.
In 2024, Florida saw more than 160,000 crashes that caused injury to drivers and their passengers. And while most people know the steps to take after a crash, few realize how different things become when that accident happens while you’re working.
So when does Florida’s workers’ compensation system cover a work-related car accident, and what should you do next if you’re injured on the job?
Injured at Work In Florida?
When Does Workers’ Comp Cover a Car Accident?
In some cases, workers’ compensation benefits do apply to work-related car accidents — but only if the crash happened while you were performing job duties.
That means you generally cannot file a workers’ compensation claim if your accident occurred:
- During your daily commute to or from work (unless you’re in a role like law enforcement), or
- While you were on a personal errand or lunch break (even if you were picking up food for a client meeting).
For employees like delivery drivers, traveling salespeople, or home healthcare workers, it’s easier to tell when they’re “on the job.” But if your position doesn’t usually involve driving, things can get a little murky.
A good question to ask is: “Was my employer directing or benefiting from what I was doing when the crash happened?”
- If you were heading to McDonald’s for lunch, probably not.
- But if your boss sent you on a special errand—like picking up supplies from Office Depot—that trip would likely qualify as a work-related car accident, and you may be eligible for workers’ compensation insurance coverage for your medical bills and lost wages.
It’s worth noting that independent contractors are generally not covered by Florida’s workers’ compensation insurance. However, if your employer controls your work hours, duties, or pay, you might have been misclassified and could still qualify for disability benefits under Florida’s workers’ compensation laws.
Workers’ Comp vs. Car Insurance: Which One Applies?
In Florida, every licensed driver must carry at least $10,000 in Personal Injury Protection (PIP) coverage to help pay for medical bills after a crash. Because Florida is a no-fault state, your own auto insurance covers your initial expenses, even if another driver caused the accident.
However, if your crash happened while you were working, you may not need to rely on your car insurance at all. Instead, workers’ compensation insurance can cover the full scope of your recovery.
That means if you qualify for workers’ compensation benefits, you could receive:
- Coverage for all necessary medical treatment (which includes doctor visits, hospital stays, therapy, and medication)
- Reimbursement for lost wages while you’re unable to work
- Access to disability benefits if your injuries prevent you from returning to your job
Unlike PIP coverage (which caps benefits at $10,000) Florida’s workers’ compensation system offers broader protection with no preset limit on medical care. This can make a huge difference for injured workers facing ongoing treatment or time off work.
What If You Were at Fault for the Accident?
Florida’s workers’ compensation system is a no-fault program—much like the state’s car insurance laws. That means even if you were responsible for the accident, you can still receive workers’ compensation benefits for your injuries.
The purpose of workers’ comp isn’t to assign blame; it’s to help injured employees recover quickly by covering medical bills, lost wages, and disability benefits without the need for a lengthy investigation into fault. This allows you to focus on healing, not proving who caused the crash.
That said, honesty is critical. If an employer or insurer discovers that an employee intentionally caused the accident or falsified information, it may be considered workers’ compensation fraud, which can lead to denied benefits and possibly termination.
If there’s any question about whether your actions might affect your claim, it’s best to speak with an experienced workers’ compensation attorney who can explain your rights and protect your case.
What If Someone Else Was Responsible for the Accident?
If another driver caused your car accident, you may have options beyond workers’ compensation benefits.
It’s always a good idea to call the police after any accident, even one that happens while you’re working. The police report can help document who was responsible for the accident, which may support both your workers’ compensation claim and a potential personal injury claim.
Here’s how this works in Florida:
- Your workers’ compensation insurance can cover your medical bills and lost wages regardless of who caused the crash.
- But if another driver was at fault, you may also have grounds for a personal injury lawsuit against that driver.
A personal injury case allows you to pursue damages that workers’ comp doesn’t cover, such as pain and suffering or other out-of-pocket losses.
While the Law Office of Brian D. Tadros focuses exclusively on Florida’s workers’ compensation cases, we often work closely with trusted personal injury attorneys and can refer you to someone who can help with that part of your claim if needed.
Get Help from a Florida Workers’ Compensation Attorney
With so many details to consider, it’s not always easy to prove that a car accident qualifies as a work-related injury. You might be dealing with medical treatment, time off work, or confusion about whether to file a workers’ compensation claim or rely on your auto insurance.
An experienced workers’ compensation attorney can guide you through every step of the process and make sure your rights are protected. Remember, it’s the insurance company, not your employer, that controls most decisions about your workers’ compensation benefits. Even if you have a great relationship with your boss, your claim can still be denied or delayed.
The Law Office of Brian D. Tadros focuses solely on Florida’s workers’ compensation law. Our goal is to help injured workers receive the care and compensation they deserve.
If you were hurt in a work-related car accident, don’t try to handle it alone. Schedule your free consultation today so we can discuss your options and help you move forward with confidence.
