A workers’ compensation claim exists if you are injured while in the course and scope of your employment. Your employer would be required to provide 100% medical coverage for you and pay you 66 2/3% of your wages up to a state maximum compensation rate if you miss a certain number of days from work.
Many times, our clients are injured in the course and scope of their employment by a negligent driver or as a result of a defective property condition on another’s property. In these situations, you have a workers’ compensation claim and a personal injury claim. It is very important to coordinate the benefits and insurance coverages in this situation to maximize your recovery in both claims.
Unfortunately, the Florida Workers’ Compensation law gives the workers’ compensation insurance carrier a right to choose your medical doctors and control your medical treatment. The law requires that the workers’ compensation insurance be primary and first in line of paying medical expenses before any automobile no fault insurance or liability insurance. Additionally, Florida law gives the workers’ compensation insurance carrier the right to be repaid if you are successful in recovering from a negligent third party including another driver, vehicle owner or property owner. However, the lawyers at Harris Guidi can coordinate these recoveries and negotiate the repayment to the workers’ compensation insurance carrier to a fraction of what they paid or initially claim. If you have any question about whether your case involves workers’ compensation or personal injury call us and speak to one of our attorneys as soon as possible.