Filing Product Liability Lawsuits After Workplace Injuries in Tampa
After a workplace injury in Tampa, your first instinct might be to file a workers’ compensation claim. While this can certainly provide you with solid compensation, you might want to consult with a qualified Tampa workers’ compensation lawyer first. Why? Because you may be eligible for more compensation than you realize. Instead of filing a workers’ comp claim, you could file a product liability lawsuit. Why would you want to do this, and how can a lawyer help?
Why File a Product Liability Lawsuit Instead of a Workers’ Compensation Claim?
The reason you should consider a product liability lawsuit instead of a workers’ comp claim is simple: Higher potential compensation. First, a product liability lawsuit provides compensation for non-economic damages, while a workers’ comp claim does not. Non-economic damages represent your emotional and psychological losses, and they include things like PTSD, depression, anxiety, loss of purpose of life, disfigurement, pain & suffering, and emotional distress. These non-economic damages can multiply the total of your economic damages, leading to a much higher level of compensation.
In addition, a product liability lawsuit can cover all your missed wages, while a workers’ comp claim only covers a portion. In Florida, workers’ comp only covers two-thirds of your total missed wages, while a product liability lawsuit can cover 100% of your economic losses. This is yet another reason to consider a product liability lawsuit in favor of a workers’ comp claim.
Product Liability Lawsuits May Be More Challenging
Product liability lawsuits may be slightly more challenging than workers’ comp claims, however. Workers’ compensation is essentially a no-fault insurance program, which means there is no requirement to prove negligence. You could potentially cause your own accident due to your own negligence at work, and you could still recover compensation through this program. As long as you were not intoxicated or engaging in horseplay, even the most blatant, reckless workplace mistakes could lead to compensation under the workers’ comp program.
On the other hand, you actually need to prove something in order to pursue compensation via a product liability lawsuit. Specifically, you need to show that your accident was caused by some kind of defective product. That being said, a product liability lawsuit is easier to win compared to other personal injury lawsuits. Why? Because manufacturers can be held “strictly liable” for injuries caused by their products. In other words, there is no requirement to prove any specific negligence, and you simply need to show that your injuries were caused by the product in question – such as a power tool, forklift, or safety harness.
Find a Qualified, Experienced Workers’ Compensation Lawyer in Tampa
If you’ve been searching for a qualified, experienced workers’ compensation lawyer in Tampa, look no further than the Franco Law Firm. Over the years, we have guided numerous Tampa workers to optimal levels of compensation after injuries. With our help, you can explore your legal options and choose a path that will provide maximum compensation. You never know how your injuries will affect your future, so it makes sense to pursue the best possible results in this situation. Reach out today to learn more about your options.
Source:
myfloridacfo.com/division/wc/employee/injured-worker-faqs
