What Are My Legal Options After A Defective Machinery Work Accident?

What Are My Legal Options After A Defective Machinery Work Accident? 2018-01-22T15:41:06+00:00

Were you injured in a work accident involving defective or malfunctioning machinery? You may have questions such as:

  • Am I covered under workers’ compensation?
  • What should I do if I’m permanently disabled?
  • Can I sue the manufacturer?
  • What can I do if I lost a loved one in a defective machinery accident?
  • Do I need a lawyer?

We can help you find answers to these common concerns.

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In many work environments, the use of heavy machinery is a key part of production. Construction workers, factory workers, and farmers are just a few examples of occupations that use heavy machinery every day. These jobs also happen to have some of the highest injury rates. While many work-related injuries are caused by human error, occasionally employees get hurt by a piece of defective or malfunctioning machinery.

Defective machinery injuries are often severe and may cause permanent disabilities, the loss of use of body parts, and even death. The manufacturers of industrial machinery, tools, and other work equipment owe a duty of care to their customers. Legally, they are required to ensure that their products are safe for use and contain no defects which could cause an injury. If a defective product is put on the market and someone gets injured, the manufacturer could face a product liability lawsuit.

What Should I Do After A Defective Machinery Injury?

If you’ve been injured while working with a piece of machinery, you should begin the process of filing for workers’ compensation first. Medical care should be a top priority, and you should also notify your boss in writing – including how, when, and where your injury occurred. These are both vital first steps in applying for your work injury benefits.

After you’ve sought out medical attention and reported your injury, you should consider meeting with an experienced New York work injury lawyer to discuss your other options. A knowledgeable lawyer can evaluate the circumstances of your accident and help determine if you qualify for workers’ comp, a personal injury lawsuit, social security disability benefits, or some combination of the three.

WORKERS' COMP FREE CASE EVALUATION

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What’s Covered Under Workers’ Comp?

Workers’ compensation benefits only cover basic economic expenses, but not noneconomic damages like pain and suffering or loss of quality of life. The process for filing a claim is also more complicated than most injured workers expect. Claims are frequently denied even for minor errors, and insurance companies look for any reason to issue a denial. However, a skilled work injury lawyer can help guide you through the process.

Accidents involving defective machinery are often catastrophic and involve expenses beyond medical bills and lost wages.. If you or a loved one has been seriously injured in one of these accidents, a personal injury lawyer may be able to help your family recover compensation for additional damages outside of workers’ comp.

Examples Of Defective Machinerybulldozer in dirt

Construction sites, factories, farms, warehouses, and other industrial workplaces are known for the use of heavy machinery. Defective safety gear and tools can also lead to debilitating work injuries.

Pieces of equipment which could cause serious injuries when defective or malfunctioning include:

  • Cranes
  • Forklifts
  • Bulldozers
  • Powered industrial trucks
  • Nail guns
  • Power tools
  • Conveyor belts
  • Sanders
  • Farming equipment

In March 2017, a Michigan man filed a wrongful death lawsuit after his wife was killed by a malfunctioning robot while working in a factory. The suit alleges negligence on the part of those who designed, built, tested, and monitored the robots.

Do I Have A Case For A Lawsuit?

In the immediate aftermath of a work injury, it may not be clear how the injury was caused. While it may occasionally be obvious that malfunctioning machinery caused an accident,  it’s often necessary to conduct a thorough investigation to determine the root cause. At Banville Law, our knowledgeable work injury team has the necessary resources for investigating the causes of work accidents. We can help identify negligent parties and we know how to hold them accountable.

In a product liability lawsuit, you could recover financial compensation for the following damages:

  • Medical expenses
  • Past and future lost wages
  • Pain and suffering
  • Loss of quality of life

If you’ve lost a loved one in a tragic work accident involving defective machinery, you could have grounds for a wrongful death claim. While a lawsuit may not alleviate the pain of losing someone close to you, it can demand accountability from product manufacturers and potentially save other lives. Taking legal action may prevent another family from undergoing a similar tragedy.

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WORKERS' COMP FREE CASE EVALUATION

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