In the State of Florida, injured workers are provided medical and wage loss benefits for injuries they sustain while “in the course and scope of employment.” However, what happens if you are injured in an automobile collision while on the job? In most cases, the workers’ compensation insurance carrier will provide medical benefits regardless of fault. You can then seek to recover damages from the at-fault party while receiving care and treatment under your employer’s workers’ compensation policy.
However, once you make a recovery from the at-fault party, the workers’ compensation carrier will assert that it is entitled to be repaid the monies they spent on your medical care and wage loss out of your recovery from the at-fault party under Florida Statutes 440.39. The reason for this is simple: if the other party had not been negligent, workers’ compensation would not have had to pay anything. The way it is handled can be complicated. Most insurance companies will tell you that they are entitled to 100% repayment of the monies they spent, but that is not how the law has been interpreted.