Can I sue an at-fault driver if I was hit while driving for work in Florida?

Reviewed by Jeffrey S. Altman · Florida Bar No. 159174 · Million Dollar Advocates Forum member · Reviewed 10 November 2026

Yes. If you were driving as part of your employment duties and another motorist hit you, you have the right to receive workers' compensation benefits and simultaneously pursue a third-party personal injury lawsuit against the negligent driver under Fla. Stat. § 768.81. Workers' compensation pays partial lost wages and medical bills, but it completely excludes non-economic damages. A third-party motor vehicle claim allows you to seek compensation for physical pain, mental suffering, and lost future earning capacity. Jeffrey S. Altman coordinates both claims and works to address any workers' compensation subrogation liens against your ultimate recovery.

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