What Are My Options if I Am Injured at Work by Faulty Equipment?

 Posted on March 08,2022 in Workers' Compensation

There are many reasons why work injuries occur. While some injuries may be the fault of an employee who did not follow the correct safety practices, many are caused by the negligence of other parties. In some cases, an employer may fail to provide employees with the proper safety equipment or training, or they may fail to ensure that equipment is properly maintained. Equipment-related injuries may also occur due to design or manufacturing defects. Fortunately for people who are injured by faulty or defective equipment while on the job, workers’ compensation benefits will usually be available to address their medical expenses and any temporary or permanent disabilities. By understanding the types of equipment-related injuries that can occur and the steps they can take following an injury, a person can make sure they will be able to receive the benefits they deserve.

Common Work Injuries Caused by Defective Equipment

Breakdowns can sometimes be prevented by enduring that equipment is properly maintained, but there are some situations where it may be difficult or impossible to predict and prevent equipment failures. Some common types of tools and equipment that may cause injuries include:

• Ladders and scaffolding - Construction workers will often need to work above the ground, and they need strong, sturdy surfaces when doing so. Old, worn-out ladders may collapse, or they may fall over because they were placed on uneven surfaces without support. Scaffolding may collapse because of faulty components or because it was not assembled properly. These issues can lead to dangerous fall injuries.

• Fall prevention equipment - Multiple types of safety equipment may be used to protect against falls from an upper level of a construction site or the roof of a building. Fall injuries may occur if barriers do not provide adequate protection at edges or holes. Faulty safety harnesses, support lines, or nets may also lead to fall accidents and serious injuries.

• Heavy machinery and power tools - Construction equipment such as cranes, excavators, bulldozers, or dump trucks may strike workers and inflict serious injuries due to faulty parts. Tools used at construction sites or for other types of labor may cause injuries such as electrocutions due to faulty wiring or components. Complex machinery used in factories or industrial settings can cause severe injuries if parts are not properly maintained. 

• Vehicle parts - Dangerous car accidents can occur due to the failure of systems such as brakes, steering, or engines or because of worn tires or other safety issues. Vehicles used for work should be properly maintained by an employer to ensure that employees can remain as safe as possible.

Following an injury that was caused by defective equipment, a worker should report the accident and injury to their employer. When seeking medical treatment, a person can inform their doctor that the injury is work-related to ensure that the employer’s insurance provider will be billed for the care provided. If an injury results in missed work, a person may file a claim to ensure that they receive disability benefits to address their loss of income while recovering.

Contact Our Gilroy Work Injury Attorneys for Equipment Failures

If you have been injured while on the job due to defective equipment, Cramer + Martinez can help you file a workers’ compensation claim, and we will work with you to make sure you receive the proper benefits. We can also advise you on whether you may be able to recover compensation from third parties who may have been liable for your injuries, such as the manufacturer of defective products. Contact our San Benito County workers’ comp lawyers at 408-848-1113 to set up your complimentary consultation.

Sources:

https://www.medic8.com/healthguide/personal-injury/faulty-work-equipment-claims.html

https://www.manufacturingsafety.com/OSHA_Regulations.html