Brokers: What Happens if an Agent Has an Accident?

Being a real estate agent doesn’t top the list of jobs with dangerous conditions, but accidents still happen.

According to the Centers for Disease Control (CDC), the most common workplace injuries include slip and fall accidents, overexertion, and accidents with equipment. Car accidents are also a possibility due to the amount of driving that real estate agents do.

What happens if an agent has an accident depends on the accident the agent has and whether the agent is an employee or an independent contractor. If one of your agents has had an accident, contact Zweben Law Group for a consultation.

Accidents When the Agent is an Employee

When Florida brokers hire real estate agents as employees, the law requires employers to carry workers’ compensation insurance. Workers’ compensation insurance will provide compensation for workplace-related injuries including:

  • Slips and falls: It’s not uncommon for staged homes to have floors that have been recently waxed, which can cause the surface to be slippery. An agent can also be at risk for tripping or falling on obstacles or uneven surfaces indoors or outdoors. 
  • Carpal tunnel syndrome: The real estate industry is known for its high quantities of paperwork. Typing and handling paperwork extensively and repeatedly can cause carpal tunnel syndrome, which causes pain, tingling, and numbness in the hand and arm. 
  • Car accidents: As real estate agents visit properties, transport clients, and engage in other business-related activities, car accidents can happen.

The classification of whether your agent is an employee or independent contractor will significantly impact how a personal injury claim is settled. The attorneys at Zweben Law Group can help you navigate this area.

Accidents When the Agent is an Independent Contractor in Florida

Often, real estate agents are classified as independent contractors by a brokerage. When real estate agents are independent contractors, a premises liability or general liability insurance policy will likely compensate the independent contractor for lost wages, medical bills, and property damage, regardless of whether the agent is responsible for the injuries.

In an instance where the injury happens at a property being offered for sale, the homeowner’s insurance policy could potentially cover damages. This could be true when a hazard on the property causes the real estate agent to suffer a personal injury, and the homeowner failed to warn the agent.

Comparative negligence laws allow a real estate agent to recover compensation even if the injured party is partially at fault for an accident.

Compensation for Agent Personal Injury Claims in Florida

When an agent does sustain an injury, the agent may recover compensation for the following:

  • Property damage
  • Lost wages
  • Future lost earnings
  • Medical bills
  • Ongoing medical treatment
  • Loss of consortium (loss of affection with family or spouse)
  • Pain and suffering

Contact an Experienced Florida Personal Injury Attorney

The law of personal injury can get complicated when there is the potential to classify an agent as an employee or an independent contractor. Further, other parties could be involved, such as homeowner or clients, that could share responsibility.

To determine the next steps when an agent has had an accident, call Zweben Law Group at 772-223-5454 to schedule a consultation.