Equipment Failure and Injuries on the Job in California

 Posted on August 21,2023 in Workers' Compensation

When a piece of faulty or poorly maintained equipment ends up malfunctioning or breaking on the job, it can lead to devastating injuries for California employees. However, workers have important legal protections and options for pursuing compensation if an equipment failure led to a preventable workplace accident.

Employer Responsibilities for Safe Equipment

Under California labor laws, employers have a legal duty to provide appropriate safety equipment and properly maintained tools and machines to their workforce. Employers must also regularly inspect equipment for hazards and repair or replace defective items. Failure to fulfill these obligations that directly results in employee injury can lead to employer liability.

Document the Equipment Defect Thoroughly

If a clear equipment failure caused your workplace injury in California, such as a power tool guard breaking or a forklift malfunctioning, it is critical to extensively document the defective state of the equipment. Take detailed photos of the hazardous tool or machine from all angles, write notes describing the failure, and save any manuals if misuse is suspected. Preserving this evidence strengthens a potential injury claim down the road.

Formally Report the Hazard to Your Supervisor

In addition to reporting the faulty equipment, it is crucial to formally bring the issue to your employer or supervisor's attention in writing. Follow the established internal hazard reporting procedures to ensure proper documentation. Make sure that you keep a dated copy of the hazard reports for your records. Remember, neglecting to address dangerous equipment that could potentially harm employees can be considered as negligence under California law, which emphasizes the significance of taking prompt action and prioritizing workplace safety.

Maintain Meticulous Medical Records

If you were injured by malfunctioning or defective equipment while working in California, keep immaculate documentation of all diagnoses and treatment related to the incident through medical records, bills, medication lists, therapy notes, and anything demonstrating the extent of care required. This creates a paper trail supporting your injury claim.

Contact a Gilroy Worker's Compensation Lawyer

Do not suffer an on-the-job injury due to subpar safety equipment. Understanding your legal rights is critical if you were unnecessarily harmed under California law. Contacting a Santa Clara County work accident attorney can help analyze whether your employer violated key state statutes by providing hazardous equipment lacking safety guards or maintenance. Call Cramer + Martinez at 408-848-1113 for a free consultation. 

Source: 

https://www.dir.ca.gov/dosh/EmployerInformation.htm