Establishing Fault for Workplace Injuries: Equipment or Employer?
March 10, 2023
Employers have a legal obligation to provide a safe workplace for employees, and equipment that’s used in industries such as manufacturing and construction can be deadly. Improper maintenance, inadequate safety training, and defective or malfunctioning equipment can all cause severe injuries and even death. When an accident occurs on the job, determining fault for a worker’s injuries can be complex. Our skilled attorneys at Gold, Albanese & Barletti, LLC, have decades of experience in handling workplace injury cases. They not only understand the complexities of workers’ comp claims but are also well-versed in how to investigate the facts of a case to determine fault and liability.
When you file a workers’ comp claim, you’re typically prohibited from bringing a personal injury claim against your employer. However, employers must provide adequate safety training, sufficient protective gear and take the necessary measures required to minimize the occurrence of workplace accidents and injuries. Making sure that equipment and machinery are properly maintained and inspected is also vital to providing employees with a safe work environment. If employers fail to do any of these things, they may be liable for their employees’ injuries.
Defective Equipment and Machinery
Defective equipment, machinery or tools can cause serious harm and have fatal consequences for workers. If the equipment that caused your injury is found to be defective, you can take legal action against the parts manufacturer, product manufacturer and distributor of the product. This is known as a products liability claim.
An Attorney Can Help with Determining Fault for An On-The-Job Injury
Although workers’ compensation provides medical benefits and a portion of lost wages for the time you spend recovering from your injuries, if you’ve been severely injured or permanently disabled, you may not be able to return to work. A law firm with a successful history of handling workplace injury cases knows how to investigate the incident and determine if the fault for your injury lies with defective equipment, your employer or both. A personal injury attorney may take the following questions into consideration:
Has your employer properly trained workers to use equipment?
Are proper safety training and protective gear provided?
Is there a fully-stocked first aid kit readily available in your workplace?
Does your employer have written protocols and procedures to follow in the event of a workplace accident?
Is all equipment properly operated, cleaned, maintained and inspected?
Is getting appropriate medical treatment for an injured employee a priority for your employer?
Was there a defect in the manufacturing of a product or equipment?
Did the product or equipment have a faulty design?
Was the equipment being used as intended?
Were adequate warnings or instructions regarding use of equipment provided?
Each situation is unique, and these are just a few issues a personal injury attorney may investigate when determining fault for a workplace injury.
If you’ve been injured or have lost a loved one in a workplace accident, our experienced workers’ compensation and personal injury attorneys can help. Call Gold, Albanese & Barletti, LLC, or contact us online to schedule a free consultation.
Contact Gold, Albanese & Barletti, LLC
Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.
Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.