Industrial Injury Caused by Defective Equipment
Billions of Dollars Won on Behalf of Injured Workers
Many industrial accidents occur due to the operation of defective equipment and tools in the workplace. If you have sustained injuries in an industrial accident because of defective equipment, the attorneys at Arnold & Itkin can help you. We know life becomes more difficult after sustaining injuries in an accident; that is why we are dedicated to helping clients recover the compensation they deserve.
Defective equipment can include the following:
- Hand tools used for welding, hammering, and other activities;
- Industrial equipment including rotators, conveyors, feeder belts; and
- Transportation equipment such as forklifts, cranes, hoists, and derricks.
Injured by Defective or Malfunctioning Equipment?
The use of defective equipment can lead to a range of head and body injuries, including injuries to the eyes and face. There can be falls from defective stairways and ladders, as well as injuries caused when malfunctioning loading and unloading equipment is used for lifting and lowering heavy loads. Any defective component that is used in the assembly and disassembly of a crane can cause serious crane accidents, including tip-overs or collapses. Electrical equipment that does not come with proper insulation can cause electrocution, burns, and electric shock.
Defective equipment can often lead to construction accidents. Defective crane components can affect the reliability of the assembly and, consequently, the operations of the crane, leading to severe accidents. Even concrete girders, beams, and defective scaffolding can cause serious construction accidents that can be traced to negligence on the equipment manufacturer. Defective tools that are used by workers can lead to severed limbs, crushing injuries, and fractures. Malfunctioning nail guns can cause ricocheting of nails, resulting in severe trauma like eye and head injuries.
Understanding Liability for Defective Equipment
OSHA provides guidelines for equipment specifications. These are not restricted to powered tools and machinery, but also regular equipment found around the workplace. For instance, temporary stairways on a construction site are required to have landings that are at least 22 inches wide and 30 inches deep, at every 12 feet of rising, and stairways must be clear of projections. Fixed ladders also have minimum weight support capabilities they must meet before they are used. Employers are required to provide equipment that meets these specifications.
When a worker is injured by defective equipment, the manufacturer of the equipment may be named in a lawsuit to claim damages for the injury. If the equipment was rented, then the company that rented out the equipment may also be liable. Companies that are in charge of oversight of work are required to make sure that any equipment being used by the workers meets all recommended standards and specifications.
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. Our equipment defect attorneys are ready to do what it takes to hold all responsible parties accountable. Call (888) 493-1629 for a free consultation.
Defective Equipment FAQ
Who Is Responsible for My Injuries?
The law requires employers to follow specific requirements for maintaining a safe workplace. This means that all employers are responsible for inspecting, maintaining, and operating safe machinery in their workplaces. However, other parties—such as the manufacturer of the defective equipment—might be liable for your accident as well.
Should I Accept A Settlement from My Company?
Not without speaking to an experienced lawyer. Settlements are often designed by companies or their insurers to get a person to accept less than they deserve and prevent them from pursuing further damages. Speaking with an attorney will help you decide if your settlement offer is fair. It’ll also help you find out if you are entitled to more damages than what you initially may have thought.
What Can I Recover from a Defective Equipment Lawsuit?
Our defected equipment lawsuit lawyers are focused on two things: obtaining the compensation that clients deserve and holding negligent parties accountable. Our team will fight to recover losses associated with your accident such as lost wages, medical bills, and the cost of any future treatment you’ll require. Every case is different and speaking with us as soon as possible will help you understand your options.
Contact Our Defective Equipment Law Firm: (888) 493-1629!
At Arnold & Itkin LLP, we have seen how profound of an impact this type of injury can have on the life of the victim. If you have recently suffered from defective equipment in an accident that could have been prevented, then you deserve to have the best attorney behind you.
Contact our law firm today if you would like to discuss your case in more depth: (888) 493-1629. We're here to help.