• 13
  • January
    2012

When truck drivers are traveling through Florida but they don't live in Florida and their employer isn't located in Florida, it can be tricky to understand whether Florida workers' compensation laws apply. A judicial decision in 1990, however, found that a driver who is injured while driving through Florida is covered by the state workers' compensation benefits.

The court previously held that there was a "sufficient state interest" that arises under the Workers' Compensation Act when a truck driver is injured on Florida roads and highways. The sufficient state interest allows a truck driver who does not live in Florida to file a claim with the state's Division of Workers' Compensation.

The court evaluated the facts of the 1990 case and determined that a truck driver who was injured along Interstate 75 was entitled to protection even though he was not a Florida resident and his employer was located in Virginia. The subject matter jurisdiction in Florida provided the truck driver with important workplace benefits after his truck accident injury.

The Florida court's decision has been upheld in two subsequent cases in 1995 and 2005. Workers' compensation is an important benefit when a truck driver is injured in an accident while driving for his or her employer. If you have questions about Florida's workers' comp benefits, contact an experienced attorney today.

Source: Division of Workers' Compensation, "Injured Employee: Am I Covered?"