Unsafe Equipment / Machinery

Securing the Maximum Recovery for Our Clients

Sometimes danger at a construction site, warehouse, or factory can be just around the corner. Any place that is equipped with heavy machinery has inherent dangers. Machinery can fail, equipment malfunctions, and there is always the possibility of human error.

If you have been injured while using defective or unsafe equipment, you may be entitled to compensation beyond your workers’ compensation benefits.  While you are not able to sue your Employer for anything beyond work comp, the manufacturer of the equipment, or the person who maintained it are usually not your Employer.  Many times heavy equipment is not owned and ran by your company but hired out through a subcontractor or leased from another company.

When a product or machine is defective, or in disrepair, you may have a product liability or negligence claim against those other people or companies.  The best part is you can still get your work comp case and can simultaneously go after the other people responsible for your injuries.  Many times you can actually work together with your employer and the work comp insurance on the third party case since you are now on the same team against the other entity.  This is because while work comp takes care of your immediate needs they also get paid back a portion of what they paid out to you from the responsible party.

As you probably figured out, if you have a negligence or product case, many times your recovery is higher than what you will get from work comp alone.  Instead of being limited to work comp benefits, when you can show that someone else is responsible then you can also be compensated for:

  • Full wage loss instead of just a portion of your wages
  • Pain, disfigurement and suffering
  • Damages for the impact your injury has on your relationships
  • Your spouse may claim damages for loss of support and companionship
  • Loss of quality of life—how your injuries have altered your lifestyle or activities

We handle workplace injury and product defect cases in a wide range of construction and industrial accident claims, including defective products and unsafe equipment.

Many unsafe equipment accidents are caused by negligent operators, failure to maintain equipment, failure to train, failure to supervise, failure to follow proper safety procedures, or some manufacturing defect in the equipment. In all cases, however, it is the responsibility of the owner to maintain equipment, to keep it in a safe-to-operate condition, and to properly train and supervise operators on how to use it.

Any time a worker suffers a serious injury using a piece of equipment or machinery, they should consider whether there was a problem with that equipment that caused or contributed to the injury. In some cases, a defect is obvious and in other cases, it is not. A skilled attorney can examine the equipment, assisted by an expert such as an engineer, so as to determine whether there were any inherent defects that could have caused the accident. If that is the case, a “third-party claim” may be filed against the responsible party as discussed above.

If you or a loved one has been injured by an unsafe equipment or machinery, please contact our office to schedule a free consultation.