How will my workers’ compensation claim affect my PIP benefits?

In many instances when you have been involved in a serious accident during the course of your employment, it will require you to miss some time from your occupation. Workers’ compensation is usually what injured victims turn to replace their wages caused by the accident. Under Florida law, workers’ compensation benefits must be “credited against” PIP benefits. As a plaintiff involved in litigation, you should be aware that under the workers’ compensation statutes, the workers’ compensation insurance carrier has a lien on any settlement received by an injured worker from a third-party tortfeasor. This is commonly referred to as the collateral source law in Florida. If you have been injured in a Palm Beach County car accident, you should contact an experienced Palm Beach County accident attorney to represent you in your claim. When you visit a health provider that accepts workers’ compensation payments, the health care provider must dismiss any outstanding payments that remain unpaid after your treatment. That health care provider is not allowed to sue the person that caused your injury (third party tortfeasor). Freshwater v. Baker, 707 So.2d 937 (Fla. 3d DCA 1998).
Once a claimant settles a third-party claim and the workers’ compensation lien has been settled, a claimant is allowed to receive PIP benefits. South Carolina Insurance Co. v. Arnold, 467 So.2d 324 (Fla. 2d DCA 1985). The intent of this is to not allow a claimant to receive double payments. If this does happen the PIP carrier may attempt to take action to recover the PIP payments. Florida has ruled that when a PIP carrier has made payments to a claimant that also received workers’ compensation benefits for the same injury, the claimant can keep the PIP benefits to the extent her loss exceed the workers’ compensation payments, up to the PIP limits. Greer v. State Automobile Insurance Co., 530 So.2d 509 (Fla. 4th DCA 1988).
If you have been injured in a Palm Beach County car accident while working, your Palm Beach County accident attorney should pursue the workers compensation claim first. If they deny payment for any medical treatment, then they should pursue your PIP carrier for payment of what the workers’ compensation denied. When your case finally settles, your attorney should negotiate a settlement with the workers’ compensation carrier. If you have been seriously injured during the course of your employment, before speaking with any insurance company about receiving workers’ compensation benefits, it is best to obtain an experienced Palm Beach County accident attorney who will advise you on how to proceed.