What to Do if Your Injury Was Caused by Defective Equipment
Employees in the construction, manufacturing, or warehousing fields handle a wide range of complex machinery every day. There is no way to know if equipment or machinery is flawed until something goes wrong. Whether it involves using a circular saw, operating a crane, or driving a forklift, this equipment poses a substantial risk of severe injuries to workers, especially when it is defective.
If you were injured on the job, you can pursue a workers’ compensation claim. Still, regarding defective equipment, you may be able to file a personal injury claim against the liable manufacturer. If you were recently injured at work due to faulty equipment, our industrial accident attorneys are here to help.
What are Your Rights after a Defective Equipment Accident?
When a workplace injury results from defective equipment, you may have grounds for a third-party product liability claim against the manufacturer, distributor, or seller. This is separate from any workers’ compensation benefits you receive. This is important because workers’ compensation typically covers only medical expenses and a portion of lost wages. At the same time, a third-party claim can provide compensation for pain and suffering, full lost wages, and punitive damages.
Third-party claims can apply when equipment failures cause your injury, such as:
- Malfunctioning machinery guards
- Defective power tools
- Faulty hydraulic systems
- Improperly designed industrial equipment
Unlike workers’ compensation, which is a no-fault system, product liability claims require proving that the equipment was defectively designed, manufactured, or that the company failed to provide adequate warnings about known dangers. This is one reason why you need an experienced injury attorney handling the process.
Pursuing compensation from large equipment manufacturers involves significant challenges. These corporations have substantial legal resources and aggressive defense teams dedicated to minimizing liability. They often attempt to shift blame to user error, improper maintenance, or unforeseeable circumstances. Additionally, proving a product defect requires technical expertise, engineering analysis, and extensive documentation that most injured workers cannot obtain independently.
Seek the Right Legal Help
A workplace injury attorney experienced in product liability cases levels the playing field. They have access to expert witnesses who can analyze the defective equipment, reconstruct the accident, and testify about design flaws or manufacturing defects. Your lawyer will gather critical evidence before it disappears, including the defective equipment itself, maintenance records, and similar incident reports involving the same product.
Furthermore, an attorney handles all negotiations with the manufacturer’s insurance company and legal team, protecting you from tactics designed to devalue your claim. They understand the full scope of damages you’re entitled to recover and won’t settle for less than fair compensation. If negotiations fail, they’re prepared to take your case to trial, demonstrating the commitment necessary to hold large corporations accountable for dangerous products.
Ready to Get Started? Reach Out to Our Skilled Lawyers Today
If you have been injured in the scope of your employment due to defective equipment, you should recover complete financial relief for your medical bills and lost wages. At Mark C. Tanenbaum, our Charleston industrial accident attorneys are prepared to pursue third-party claims, when applicable, to seek additional compensation when possible. Contact our firm online or call (843) 577-5100 to learn your options in your defective equipment case.