Generally, in Florida most employers have workers’ compensation insurance. This insurance pays the medical bills and lost wages of people that are injured at work. It is a no-fault system, so in most instances there is a workers’ compensation case when someone is injured at work, on the job, etc.
If the employee is at fault (or usually if the employee is in the car with another employee who is driving and that employee is at fault), then there would only be a workers’ compensation case and NOT a personal injury case. There would not be a personal injury case as there would be no one to sue. However, if some random other person is at fault in the accident, THEN the employee could have a worker’s compensation case AND a personal injury case. Thus, in many instances the answer to the main question here is YES, you can have both a worker’s compensation case and a personal injury case if someone else is at fault.
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as the most slight difference in the facts could ultimately change the result. Also, this blog is based on Florida law and the laws of any other states or another country could vary significantly from Florida.
