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Work Injuries Caused By Defective Products


Work injuries in Sunrise, Florida can have many different causes, from employer or co-worker negligence to a mistake made by a third-party on the jobsite, such as a delivery driver or technician performing services at the workplace. Product defects are common causes of work injuries in South Florida, and they can result in debilitating and devastating injuries. While an injured worker certainly can be eligible to seek workers’ compensation benefits for a workplace injury resulting from a product defect, it is important for any workers injured by defective products to know that they may also be eligible to file a product liability lawsuit.

Our South Florida workers’ compensation attorneys can tell you more about how product defect injuries are common exceptions to the “exclusive remedy” provision of Florida workers’ compensation.

Product Defects Are an Exception to the Workers’ Compensation Exclusive Remedy 

What is an exclusive remedy, and why are product defect injuries an exception? You may already know that, under Florida workers’ compensation law, injured workers who get hurt on the job or who sustain injuries arising out of the course of employment can seek wage loss benefits and medical coverage through workers’ compensation insurance. You might also know that these benefits are, in most cases, the exclusive remedy for the workplace injury. In other words, the injured worker cannot file a lawsuit against his or her employer for negligence and cannot sue a co-worker for negligence. Instead, the benefits and payments provided by workers’ compensation are the exclusive remedy.

However, there are exceptions to that exclusive remedy provision, and product defects are an exception. When a worker gets hurt because of a defective product in the workplace, workers’ compensation is no longer the exclusive remedy. While the injured worker can still file for workers’ compensation benefits in order to seek coverage for medical care related to the injury and payment for a portion of lost wages due to the injury, that injured worker also may be eligible to seek additional compensation through a product liability lawsuit.

Workplace Product Liability Claims 

Various products on job sites can contain defects that result in injuries, from defective coffee makers in the break room to defects in a piece of heavy machinery on a construction site. When a product defect causes a worker’s injury, that worker may be able to file a claim against one of the following parties:

  • Designer of the defective product or one of its components;
  • Manufacturer of the defective product or one of its components; or
  • Retailer of the defective product.

It is important for workers to know that product liability lawsuits can take quite some time, so it is still important to seek compensation as soon as possible by filing a workers’ compensation claim. One of our Sunrise workers’ compensation lawyers can discuss the process with you in detail.

Seek Advice from a Sunrise Workers’ Compensation Lawyer 

Do you have questions about seeking compensation after a workplace injury caused by a defective product? One of our experienced workers’ compensation attorneys in Sunrise, Florida can speak with you today about your options. Contact the Law Offices of David M. Benenfeld, P.A. for more information about how we can assist you.

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