The injuries caused by defective products entitle the victim to claim compensation from the manufacturer or seller.
This is because manufacturers and distributors are responsible for crafting and selling safe items.
If defective ones end up injuring someone, the liability comes on these individuals.
But what if the injury is caused by a faulty piece of equipment at your workplace? Who would be liable for the mishap?
Typically, work accidents that involve defective equipment and tools fall in a gray area.
Such claims can be confusing as they come somewhere between workers’ compensation and product liability law.
Hence, it becomes important to understand your legal recourse if you get involved in such an accident.
Workplace Injury Basics
In general, if you get hurt while on the job, you should immediately inform your supervisor about the injury immediately.
Any injury at the workplace while doing your job duties comes under the coverage of workers’ compensation claims.
If you are able to validate your injury, you can expect to get compensation from the workers’ comp insurance company after the approval of the claim.
Typically, workers’ compensation benefits include the payment of medical expenses for treating the injury.
Further, you will get temporary disability benefits while recovering from the injury to make up for the financial losses caused by the accident.
On the other hand, if you have permanent impairments, you will be entitled to permanent disability benefits.
Get a Fair Settlement with Product Liability Compensation
While workers’ compensation gets you optimal compensation, you deserve more if personal injury due to a defective product is involved.
In such a case, you can file a third-party lawsuit because you were injured because of another persons negligence and someone other than your employer (manufacturer or seller of the faulty equipment) is at least partially responsible for your injury.
If you get injured by a machine or equipment that was defective, inherently dangerous, or failed to work properly, the manufacturer can be held responsible if they were aware of the danger and/or failed to warn the business or employees about this danger properly.
You will have to prove the following to show a valid claim:
- The manufacturer, distributor, retailer or supplier of the equipment never tested it properly before placing it in the marketplace
- They failed to identify the flaw in the product itself or the dangerous nature of some components
- They did not install the machine or equipment safely and effectively
- They failed to provide adequate warning about its dangerous aspects
- There was a defect in the design or manufacturing process
Gathering Evidence for Maximizing the Compensation
Although cases involving product liability in workplace accidents can be tricky, taking the right approach can go a long way in helping you maximize the compensation value.
Primarily, you need to document as much information as you can.
Remember that every small detail can be important when it comes to proving the liability of the product manufacturer or seller.
Taking notes about the events preceding the accident and anything else you can remember about the product defect is vital.
Further, also collect facts and evidence related to the injuries and doctor’s recommendations for its treatment and recovery.
Once you have the requisite evidence, you can file a lawsuit by onboarding a seasoned personal injury attorney.
If you have sustained a workplace injury, you should first assess the real cause of the accident.
Don’t just settle for workers’ compensation if the accident occurred due to defective machinery or equipment because you deserve much more.
It is best to discuss your case with an experienced attorney who has handled such cases before.