Who Is Sued If Machine Malfunction Caused the Injury?
If your employer carries workers' compensation insurance, your primary option will be to file a workers' compensation claim that will entitle you to receive 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.
It is often hard to prove that a piece of machinery was defective on your own because your employer is likely to claim that it was not. You should seek the help of someone who can perform an investigation into the safety of the machine in question. Call us today at (888) 493-1629.