What Are My Legal Options for Workplace Vehicle Accidents?

Your legal options for a workplace vehicle accident depend on whether you were working at the time and who caused the crash.

If you were on the clock, workers’ compensation may cover medical care and part of your lost wages regardless of fault. If a third party caused the accident, you may also have the option to pursue a personal injury claim for additional damages.

If you were injured by a commercial vehicle while not on the job, you may be able to file a personal injury lawsuit against the driver or their employer.

A Florida work accidents lawyer can assess what your legal options for a workplace vehicle accident are and help determine if additional compensation may be available. 

Who Is Liable in a Workplace Vehicle Accident?

Liability in a workplace vehicle accident depends on the specific details of the incident and the parties involved. Several individuals or entities may be held responsible, including:

• Employers: If the accident occurred while an employee was performing job-related duties, the employer may be vicariously liable. Employees may be able to file workers’ compensation claims, and non-employees may be able to seek compensation from the employer’s insurer. 
• Third–party drivers: If a third-party driver’s negligence contributed to the accident, they may be held responsible for damages through a personal injury lawsuit.
• Vehicle manufacturers: If a defective vehicle part, such as faulty brakes, contributes to the workplace vehicle collision, the parts or the vehicle manufacturer may be liable.
• Contractors or subcontractors: In workplaces involving multiple companies, such as construction sites, contractors or subcontractors may share liability if their actions or negligence caused the accident.

Determining what your legal options are for a workplace vehicle accident can be a complicated process. A Florida personal injury lawyer can help identify the responsible parties and explore all available legal options for compensation.

Workers’ Compensation for Workplace Vehicle Accidents

Workers’ compensation provides benefits to employees injured in vehicle-related accidents while performing job-related duties. This coverage applies regardless of fault, meaning employees can receive benefits even if they or a co-worker contributed to the accident.

Examples of potential benefits you may recover from a workers’ compensation claim include:

• Medical expenses: Workers’ compensation benefits usually cover all reasonable medical expenses. Benefits depend on the circumstances surrounding your maximum medical improvement (MMI), which an authorized physician usually determines.
• Lost wages: Partial wage replacement may apply if the employee’s injury prevents them from working temporarily or permanently.
• Disability benefits: Workers’ compensation benefits for temporary or permanent disabilities caused by the accident may also apply.
• Death benefits: Benefits also include financial assistance for a worker’s family in the event of a fatal accident.

You may be a delivery driver injured in a crash or a construction worker traveling between job sites. Either way, you may be able to recover workers’ compensation benefits after a work vehicle collision if your employer carries insurance. Most employers are required to carry workers’ compensation insurance in Florida, but not all.

While workers’ compensation can cover a wide range of expenses, it may not account for all damages, such as pain and suffering. In cases involving a negligent third party, employees may also have the option to file a personal injury lawsuit for additional compensation. 

What Are Your Legal Options if a Third Party Caused Your Workplace Vehicle Accident?

If a third party caused your workplace vehicle accident, your legal options depend on the specifics of the incident. These cases may allow victims to seek compensation beyond workers’ compensation benefits. 

If You Were an Employee Injured On the Clock

When an employee suffers an injury in a vehicle accident due to third-party negligence, such as a negligent commercial vehicle operator, they may be entitled to pursue both workers’ compensation and a third-party liability claim. 

A personal injury lawsuit against the third party can help recover additional damages, like pain and suffering or property damage.

If You Were Driving a Work Vehicle Off the Clock

If the accident occurred while driving a work vehicle, but you were not on the clock, workers’ compensation may not apply. A personal injury lawsuit against the at-fault party may apply, though.

If you were injured in an accident involving an on-the-clock employee, you may have a claim against their employer under vicarious liability, which means that employers are responsible for the actions of their employees when they are performing job-related duties.

Other Third-Party Liability Scenarios

Third-party liability claims involving workplace vehicles may also include the following parties:

• Defective vehicles: If faulty brakes, tires, or other equipment contributed to the accident, the vehicle’s manufacturer or maintenance provider may be held liable.
• Unsafe road conditions: If poor road design, lack of signage, or inadequate maintenance caused the accident, a government entity or contractor responsible for the road may be liable.

A Florida work accidents lawyer can help evaluate your case and determine who is responsible.

How Long Do You Have to File a Workplace Vehicle Accident Lawsuit?

In Florida, the statute of limitations for filing a personal injury lawsuit, Florida Statutes § 95.11(5)(a), generally gives individuals two years from the date of the injury to file a lawsuit. This deadline applies to cases involving vehicle accidents, including those that occur in the workplace.

Consulting a lawyer sooner rather than later can help you determine exactly how long you have to take legal action and get started on your case to protect your right to seek recovery through civil court proceedings.

We Can Evaluate Your Legal Options for a Workplace Vehicle Accident

At The Schiller Kessler Group, we know how difficult it can be to figure out what to do after a workplace vehicle accident. Our team of attorneys can assess your legal options for a workplace vehicle accident, such as filing a workers’ compensation claim or a personal injury lawsuit against a liable third party. 

With over $250 million recovered for our clients and more than three decades of experience, we’ve helped thousands of Florida injury victims obtain the compensation they deserve. Contact The Schiller Kessler Group today for a free, no-obligation consultation.