Workers Compensation Case Study
Many people are confused by whether they have a worker's compensation case or a typical personal injury/negligence claim. However, most clients are unaware that sometimes you can actually have both.
Under Florida Statute 440.39, entitled "Compensation for injuries when third persons are liable"
If an employee, subject to the provisions of the Workers' Compensation Law, is injured or killed in the course of his or her employment by the negligence or wrongful act of a third-party tortfeasor, such injured employee or, in the case of his or her death, the employee's dependents may accept compensation benefits under the provisions of this law, and at the same time such injured employee or his or her dependents or personal representatives may pursue
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The answer is yes. Generally, UM coverage will be reduced by 1) the bodily injury limits of the uninsured toreador's auto liability policy; 2) benefits available to the insured under any workers' compensation law; 3) personal injury protection benefits; and d) disability or similar benefits or similar law.
Do you have to repay a worker's compensation lien from uninsured or underinsured motorist proceeds? Per the case of Volk V. Gallopo, 585 So. 2d 1163.(Fla. 1st DCA 1991), a workers' compensation lien is only payable from the liability proceeds, not the uninsured motorist proceeds. You can refer to Florida Statutes, Sections 440.39 (3)(a) and 627.727(1). The only exception is where the UM paid its money to replace the liability proceeds so it can subrogate against the tortfeasor. Please reference Metrix South v. Rose, 758 So. 2d 1259 (Fla. 1st DCA 2000).
While there is more to it, the general idea is that yes, you can maintain two separate actions--one for a worker's compensation claim and another for a personal injury claim so long as you are in compliance with Florida Law and for that, it is always best to discuss the particulars of an individual case with a Florida
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