If you work in the industrial or construction field, it’s likely your job relies on using equipment. You’re trained how to use the equipment and you continue to do your job smoothly every day. That is until you find yourself a victim of a workplace accident that was caused by faulty equipment. You can’t work and you’re trying to figure out who is responsible for paying your lost wages and medical bills.
Start by Determining Fault
When it comes to faulty equipment, there are a few different people who could be held liable for your injuries. These break down to your employer, the equipment manufacturer, and yourself. The fault could be placed on one or a combination. If your injury was caused by equipment that malfunctioned due to bad product design or a faulty part, then the manufacturer is held liable for your injuries. In the event that the equipment failed because it wasn’t properly maintained, then fault lays solely with your employer. Lastly, in the case where you were operating the equipment incorrectly from what you were trained, then you could be liable. Determining who is at fault is a necessity so you know who is liable for paying compensation for the injuries that you received.
Fault Could Be on One Person or Multiple
It may be that only one entity was responsible for your injury or it could be that multiple people contributed. If your employer knew about the faulty part or poor product design and still advised you to use the equipment, then both the manufacturer and your employer are at fault. You should consider product liability attorney services to assist you when there are multiple parties at fault. Your employer should be having regular inspections and maintenance done on your work equipment.
Receiving compensation for your injuries can be done via three different routes. The first is workers compensation. This is a special type of insurance that most employers are required by state and federal laws to have. Workers compensation pays for medical bills and lost wages for employees that are injured on the job. This insurance is used to seek compensation when your employer was at fault for your injury. In most cases, even if you were at fault for your injury, workers compensation will cover your medical expenses as long as you were on the job.
Suing the Manufacturer
Your lawyer can construct a third-party claim against the product manufacturer. This type of suit is employed when someone other than you or your employer was responsible for your injuries. Workers compensation doesn’t cover third-party faults, so you’ll have to file a suit against the offending third-party to receive compensation.
Navigating through faulty equipment injuries can be a little trying at times. Determining fault is always your first step. Once you know who is liable, then you can utilize one of the three routes listed out above to receive the compensation that you deserve.