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Industrial Injury FAQ


Who's Responsible for an Injury Caused by Machine or Equipment Malfunction?

If your employer carries workers' compensation insurance, your primary option will be to file a workers' compensation claim that will entitle you to medical and wage benefits, regardless of who is at fault for your injury.

Additionally, you may pursue a personal injury claim against the manufacturer of the machine if a design, manufacturing, or marketing defect caused your injury. Although workers' compensation would be your exclusive remedy regarding your employer, that does not extend to third parties such as manufacturers. If your employer does not carry workers' compensation insurance, then you would have a "non-subscriber claim."

That would allow you to bring a personal injury lawsuit against your employer if the machine-related injury was attributable to your employer's negligence, such as failing to inspect and maintain the machine or to provide you with proper training. If you succeed in your claim, you may be entitled to compensation for medical expenses, lost wages, disfigurement, pain and suffering and, possibly, punitive damages.

The machinery that is used in an industrial workplace is often large and extremely hazardous. Workers need to take the greatest precautions in handling them. If you were injured by a machine malfunction, you are likely suffering from serious injuries such as cuts, amputation, burns, or fractures. If a machine defect is at issue, it is important to seek skilled and aggressive legal assistance from a trustworthy attorney.

While any firm might be able to handle a machine malfunction injury claim, you need one that will provide the resources required to investigate what happened to you. We're ready to do what it takes to hold all responsible parties accountable. Call (888) 493-1629 for a free consultation.

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  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
  • $92.7 Million Record Settlement for Burn Injury Victim Arnold & Itkin LLP secured a substantial settlement for a man who suffered severe burns in an accident at his job. The settlement set a new record statewide for workers with similar injuries.
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Arnold & Itkin, they really do care about their clients. I really can tell because we feel a bond with them. They are my brothers and sisters from here on out.

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