Most employees who are injured on the job know that they can file for Workers’ Compensation to cover their medical bills and a portion of their lost wages. While these benefits help, they do not pay for all lost wages, nor do they compensate for pain and suffering.
Many workers are unaware that they may also be entitled to other sources of compensation. If their accident was caused by machinery and equipment, injured workers may be able to file a third-party products liability claim against manufacturers, resellers, or distributors of the defective equipment that caused their injuries.
Workers should know that defective equipment might be the true cause of their accident, even if they blamed themselves. That is because the equipment provided to workers must be safe to use.
Workers should also know that products liability law allows them to sue anyone involved in the manufacturing chain that made the defective product. Workers should contact a qualified lawyer to learn about their rights to file a third-party claim after a work-related accident.
Products or equipment that are not safe to use are considered defective. Those held responsible for injuries caused by defective products or equipment include but are not limited to the following:
Any or all of these parties may be held legally responsible and be required to pay full and fair damages to an injured worker if the defective equipment caused the accident.
There are many types of equipment defects that may cause workplace accidents, including but not limited to the following:
According to the National Safety Council, 10 to 15 percent of all industrial injuries are caused by inadequately guarded or unguarded machinery. These are probably the most common and well-known type of products liability cases. However, defective or unsafe personal protective equipment of other types have been found to have caused workplace accidents.
When a worker is injured due to defective equipment, the type of products liability claims they can file will depend on how they were injured. There are several types of products liability lawsuits, including the following:
Manufacturers, wholesalers, resellers, and distributors may be held strictly liable for any one of these defects, no matter where they stand in the chain of distribution.
A products liability lawyer can help an injured worker by pointing out all of their rights under the law. Next, a lawyer can investigate all facts and circumstances surrounding the work-related accident to determine whether defective equipment caused or contributed to a worker’s injuries. If that is the case, a lawyer can then trace the chain of distribution to identify all of the parties who may be held liable for paying damages to the injured worker. A lawyer will also help an injured worker calculate the true cost of their injuries, which may include the following:
If defective equipment is shown to have caused or contributed to a workplace accident, a lawyer can help injured workers by filing a third-party claim against the negligent parties.
Filing a third-party claim against manufacturers, distributors, or resellers of defective equipment will not affect Workers’ Compensation benefits. Injured workers who have questions about this can contact a qualified lawyer.
Since 1947, our lawyers at Galfand Berger LLP have pursued and won difficult cases on behalf of workers who were seriously injured on the job. Our goal is to preserve the benefits due to them from Workers’ Compensation while also protecting their rights to filing additional claims.
In many instances, the injuries suffered by workers are directly caused by defects in the equipment they rely upon day in and day out to do their jobs. The following cases illustrate how our lawyers were able to hold multiple third-parties liable for damages due to injuries caused by defective equipment:
Defective equipment and products harm many workers and consumers every day. Manufacturers, suppliers, and sellers often put profit ahead of safety concerns, despite their responsibility to produce and sell goods that are safe to use. Anyone who is injured by an unsafe product has the right to file a products liability lawsuit to seek recovery of damages.
If you have been seriously injured on the job, contact our Philadelphia products liability lawyers at Galfand Berger LLP today. Call us at 800-222-USWA (8792) or fill out our online form for a free consultation. We can help you determine if you have a valid products liability claim and the right to seek additional damages beyond just Workers’ Compensation. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we serve clients throughout New Jersey and Pennsylvania, including Allentown and Harrisburg.