Suing as an Injured Trucker in Tampa
The National Safety Council states that tens of thousands of American truckers suffer injuries each year. Studies show that this is one of the most dangerous jobs in the world, and a significant percentage of truckers miss work due to injuries. If you were injured in a truck accident, you may be intent on pursuing compensation. Should you file a lawsuit? Or could a workers’ compensation claim in Tampa be more appropriate?
Can You Sue as an Injured Trucker in Florida?
You can potentially file an auto accident lawsuit in Florida as an injured trucker. Florida is a no-fault state, which means you can file a Personal Injury Protection (PIP) claim regardless of who caused your accident. Even if you caused your own truck accident, you should be able to file a no-fault claim and recover compensation.
If you suffered serious injuries in the crash, you may be eligible to file a “proper” lawsuit against the negligent driver who caused your crash. You can do this even if the negligent party was only partially responsible for the crash. However, you lose the right to sue directly if you were the main cause of the crash.
A lawsuit can be preferable to a no-fault PIP claim because it can provide more compensation. Specifically, it allows you to claim “non-economic” (psychological) damages, which are often quite lucrative.
What About Workers’ Compensation?
Workers’ compensation may also represent a viable pathway toward compensation if you were “on the clock” at the time of your crash. Workers’ comp is another example of a no-fault insurance system, and you can file these claims even if you caused your own crash. However, workers’ comp may only cover a portion of your missed wages. On the other hand, it should cover 100% of your lost wages.
The real question is whether you can file both a workers’ comp claim and a PIP claim for the same truck accident. Why would you want to do this? The answer is that PIP and workers’ comp do not cover 100% of your lost wages. Therefore, filing both types of claims may allow you to cover all of your lost earnings when you add both of these benefits together.
That being said, filing both a workers’ comp claim and a PIP claim for the same accident may lead to confusion issues. For example, you might be asked to reimburse workers’ comp using compensation you received from the PIP claim. Speak with a lawyer if you’re having issues with your claims as you try to maximize your compensation.
Should I Work With a Workers’ Comp Lawyer in Tampa After a Truck Accident?
Although some truck accidents may lead to lawsuits, injured truckers may also have the right to pursue workers’ compensation claims in Tampa. This no-fault system should provide compensation regardless of who is to blame for your accident. Continue this discussion in more detail with the Tampa workers’ compensation lawyers at The Franco Law Firm. We’ll help you understand the next steps.
Sources:
myfloridacfo.com/division/wc
flhsmv.gov/insurance/
