How a Denied Florida Workers’ Compensation Claim Became a Major Trial Win for an Injured Traveling Sales Representative

The insurance company said our client was “off the clock.” His employer’s representatives said he was driving to a gym for personal reasons. Based on that account, the carrier denied the workers’ compensation claim after a serious car accident left him with injuries that required surgery.

But that was not the complete story.

Our client was a traveling sales representative whose job required him to drive between locations to sell services for a major cable and internet provider. We challenged the carrier’s position, took the case to trial, and established that he was performing assigned work when the accident occurred.

This case illustrates an important point: An employer or insurance company does not have the final word on whether an injury is work-related. If you have a denied Florida workers’ compensation claim, evidence that contradicts the stated reason for the denial may give you grounds to challenge that decision and pursue benefits. To see what challenging a denial can involve, follow the evidence that led the judge to conclude that our client was working when the accident occurred.

At a Glance

• A traveling sales representative suffered severe injuries in an April 3, 2025, car accident and required surgery.
• The carrier asserted that he was off the clock and driving to a gym for personal reasons.
• Employer representatives gave testimony supporting that position.
• Lyle B. Masnikoff & Associates rejected low settlement offers and presented the case at trial.
• The judge found that the employer representative’s testimony was not credible and that the client was actively engaged in his work when the crash happened.
• The terms and details of the result remain confidential.

Why We Took This Denied Claim to Trial

On April 3, 2025, our client was traveling between locations to sell services for a major cable and internet provider when he was involved in a serious car accident. His injuries required surgery.

The carrier denied the claim, arguing that our client was off the clock and driving to a gym for personal reasons. Employer representatives supported that position during depositions. We disagreed. The evidence showed that our client was traveling for work and actively performing his employment duties when the accident occurred.

When the carrier continued to deny the claim and made low settlement offers, we chose to litigate rather than accept a resolution that did not reflect the evidence. We questioned the employer representatives under oath, developed the record, and prepared the case for trial.

After hearing the testimony and reviewing the evidence, the judge found that the employer representative’s account was not credible. The judge agreed with our position that our client was working when the car accident occurred.

The decision shows why a carrier’s description of an employee as “off the clock” should not end the inquiry. What the employee was doing, where the employee was traveling, and how the trip related to the job can carry more weight than the label the carrier places on the claim.

“Off the Clock” Does Not Always Mean Off the Job

The ruling in our client’s case reflects a broader point under Florida workers’ compensation law: Timekeeping records can be relevant, but they don’t decide by themselves whether an injury arose from work performed for an employer.

That question can become more complicated when an employee doesn’t work at one fixed location. Sales representatives, delivery drivers, home healthcare workers, service technicians, and other mobile employees may spend much of the workday in a vehicle. For these employees, travel can be part of the job itself.

In a traveling employee workers’ compensation case, the central question is often whether the worker was actively engaged in assigned duties when the injury occurred. Under Florida Statute § 440.092(4), an employee required to travel in connection with work may qualify for benefits for an injury suffered in travel status when the injury arises out of and in the course of employment while the employee is actively engaged in assigned duties.

For that reason, being “off the clock” doesn’t automatically determine whether an accident is compensable under Florida workers’ compensation law. Relevant questions may include:

• Did the job require the worker to drive between locations?
• Where was the worker coming from and going?
• Was the driver headed to a customer location, client meeting, or company errand?
• Did the employer assign, authorize, expect, or benefit from the trip?
• Do schedules, messages, sales records, or location data support the worker’s account?

The answers can establish whether the employee was performing work or had stepped away from the job for a personal reason.

Work Travel, Ordinary Commutes, and Personal Errands

Under Florida Statute § 440.092(2), an injury suffered while going to or coming from work is not considered to arise out of and in the course of employment unless the employee was engaged in a special errand or mission for the employer.

An ordinary commute involves traveling between home and a fixed workplace before or after the workday. A traveling employee may instead be making sales calls, delivering products, visiting job sites, meeting clients, or completing company errands. The purpose of the specific trip, rather than the employee’s job title or clock status alone, can determine whether a work-related car accident occurred within the course and scope of employment.

Florida law also distinguishes work-related travel from a personal deviation. Under Florida Statute § 440.092(3), an employee injured while deviating from the course of employment is not eligible for benefits unless the employer expressly approved the deviation or the employee was responding to an emergency to save life or property.

This provision made the carrier’s allegation about the gym important. If the evidence had established that our client left his sales route for an unapproved personal trip, the deviation could have prevented the accident from qualifying for workers’ compensation benefits.

But an allegation is not proof. In this case, travel between sales locations was part of our client’s work. After evaluating the testimony and other evidence, the judge found that the employer representative’s account was not credible and determined that our client was working when the collision happened.

The trial did not turn on the carrier calling our client “off the clock.” It turned on what the evidence proved.

What Evidence May Help Establish That a Car Accident Was Work-Related?

When an insurance company argues that an employee was not working, evidence created before, during, and shortly after the accident may help establish the purpose of the trip. Depending on the case, relevant evidence may include:

• Work schedules and sales assignments
• Emails, text messages, and call records
• Customer appointments and job-site lists
• Timekeeping, mileage, or expense records
• GPS or vehicle-location information
• Sales activity and account records
• Statements from customers, coworkers, or supervisors
• Testimony from the employee and employer representatives
• Police reports and photographs

No single record decides every case. A traveling employee may not use a traditional timecard, so evidence from several sources may be needed to establish a timeline and test whether the employer’s account matches what occurred.

Medical evidence serves a different purpose. Medical records can document the injuries sustained, connect them to the reported work-related car accident, describe necessary treatment, and show whether the employee can return to work. The employee should also preserve work restrictions, correspondence from the carrier, and contact information for witnesses.

After a car accident, accurate and consistent reporting is important. Differences among the accident report, statements to the employer, and medical records may give the carrier grounds to dispute how the injuries occurred or whether they were connected to the reported collision.

Why Are Workers’ Compensation Claims Denied?

Our client’s dispute centered on whether his car accident was work-related, but carriers may deny workers’ compensation claims for several reasons. A claim may be denied when:

• The employer disputes that the workplace injury happened as reported or occurred within the course and scope of employment.
• The employee did not report the injury within the required time.
• Medical evidence does not connect the injury or requested treatment to the workplace accident.
• The carrier asserts that a pre-existing condition, rather than the work accident, caused the need for treatment.
• The carrier disputes whether the injury caused disability or lost wages.
• The employer classifies the worker as an independent contractor rather than an employee.

The stated reason for the denial should be compared with the underlying records. A denied workers’ compensation claim in Florida may require additional medical documentation, employment records, or witness testimony. When the parties disagree about important facts, an attorney may need to take depositions and present the evidence to a Judge of Compensation Claims.

What Should You Do After a Claim Denial?

A denial does not necessarily end your claim. It means the carrier has refused to provide some or all requested benefits based on the position it has taken.

Preserve the denial and supporting records

Obtain the written denial and identify the carrier’s reason. Keep documents that may help an attorney evaluate the dispute, including:

• Communications from the carrier or employer
• Medical records and work restrictions
• Employment records, work schedules, assignments, and travel information
• Accident reports, photographs, and witness contact information

Avoid guessing or changing details if the carrier questions what happened. An accurate account supported by records can help an attorney identify the evidence needed to challenge the denial.

Discuss the denial with an attorney

A workers’ compensation attorney can review the denial, gather evidence, communicate with the carrier, and determine whether to file a Petition for Benefits. Under Florida Statute § 440.192, the petition must identify the injury, work being performed, disputed benefits, and other required information. If the parties do not resolve the dispute through mediation, a Judge of Compensation Claims may decide it at a final hearing.

Deadlines apply. Florida Statute § 440.185 requires an employee to report a workplace injury within 30 days, subject to statutory exceptions. Florida Statute § 440.19 establishes separate filing limits for Petitions for Benefits. Speaking with an attorney promptly gives counsel more time to preserve evidence and determine how to respond.

When Trial Becomes Necessary in a Disputed Claim

Many workers’ comp disputes resolve without trial, but settlement is not the right choice in every case. In our client’s case, the carrier continued to maintain that he was not working and made settlement offers we considered too low. We prepared for trial, challenged the employer representatives’ testimony, and demonstrated how our client’s travel related to his sales work.

At Lyle B. Masnikoff & Associates, we are prepared to litigate when trial is necessary to pursue the benefits our clients are seeking. Our client’s favorable ruling demonstrates why a workers’ compensation case may need to go to trial when the evidence does not support the carrier’s denial.

What Traveling Employees Can Learn From This Case

If you travel for work, document the business purpose of your trips. Keep assignments, customer communications, mileage records, calendars, receipts, and messages showing where you were going and why. After an accident, report it promptly and accurately describe the work-related purpose of the trip.

If the carrier disputes your account, avoid guessing or changing details. Preserve records and identify people who can confirm your route, assignment, or destination. Small facts can become important when the parties disagree about where work ended and a personal activity began.

Frequently Asked Questions

Can I receive Florida workers’ compensation if I was injured while driving for work?

You may qualify if the travel was connected to your job and the accident arose out of and in the course and scope of your employment. Driving between customer locations, making deliveries, or completing an assigned trip may be treated differently from an ordinary commute.

Does being off the clock prevent a workers’ comp claim?

Not automatically. Timekeeping records may be relevant, but they do not decide by themselves whether you were working. A traveling employee may still be performing assigned duties even when a timekeeping system does not show the employee as clocked in.

What if the carrier says I was running a personal errand?

The carrier may argue that you deviated from work. Records showing your route, destination, customer appointment, communications, or sales activity may help establish the actual purpose of the trip. Whether the accident is covered depends on the specific facts surrounding the travel.

Can I challenge a denied workers’ compensation claim in Florida?

An attorney may challenge the carrier’s denial by pursuing the disputed benefits through a Petition for Benefits. The process may include exchanging evidence, mediation, and a hearing before a Judge of Compensation Claims. The carrier’s denial is not a final judicial decision.

Does every denied workers’ compensation claim go to trial?

Some disputes resolve after the parties exchange additional documents, communicate with the carrier, participate in mediation, or negotiate a settlement. Trial may be necessary when the parties continue to disagree about important facts or how Florida law applies.

When a Florida Workers’ Compensation Claim Is Denied, We Are Prepared to Litigate

An insurance carrier’s denial can leave you without access to authorized medical care or wage-loss benefits when you need them. A low settlement offer may not account for the evidence, your injuries, or the benefits in dispute.

At Lyle B. Masnikoff & Associates, we don’t accept the carrier’s position without examining the facts. When trial is necessary, we’re prepared to take depositions, challenge testimony, develop the evidence, and present your case to a Judge of Compensation Claims.

Throughout Founding Attorney Lyle B. Masnikoff’s 23-year career, he has seen countless injured workers wrongfully denied benefits. Our client’s trial win shows what thorough preparation can accomplish when the evidence does not support the carrier’s denial. Every case is different, but our willingness to litigate does not end when an insurance company refuses to pay your benefits.

If you or a loved one has been wrongfully denied workers’ compensation benefits, call us at (866) 519-3831 or reach us online for a free consultation. Our workers’ compensation attorneys represent injured workers throughout Florida.

At Lyle B. Masnikoff & Associates, we will go the extra mile for you!

Copyright © 2026. Lyle B. Masnikoff & Associates, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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This article is general information, not legal advice. Every case is different - call (561) 598-7120 for a free consultation about yours.