Workers are injured on the job every day in the United States, and the injury and fatality numbers are especially high in industries that require the use of heavy machinery and power tools. According to the Bureau of Labor Statistics, in 2011, over 600 workers killed were tractor-trailer or heavy truck drivers.
While it is not possible to completely prevent workplace accidents, they are still happening far too often. Many workplace accidents, including those caused by defective equipment, are preventable. These types of accidents are particularly devastating to families and the loved ones of the injured or killed worker.
If you were injured or your loved one was killed on the job due to defective equipment, contact our work injury lawyers in Indianapolis for a free consultation. Call today.
In many cases, equipment malfunctions can be attributed to faulty parts, a lack of inspection or safety protocol around the machinery, or equipment that is used incorrectly due to lack of training, over-tired employees, or attempts to cut corners. Because of the inherent dangers present in heavy machinery and other types of workplace equipment, defects and malfunctions often result in severe injuries, such as accidental amputation, spinal cord and brain injuries, paralysis, and even death.
Any type of equipment that is used to conduct duties within the scope of an employee’s work can be defective. Examples include:
Defective work equipment can occur as a result of poor design, defective manufacturing, or improper labeling. It can also occur due to failure to follow safety regulations, insufficient training, improper supervision, or even attempts to improperly “fix” equipment that has broken. In most instances, on-the-job injuries involving defective equipment occur as a result of negligence.
Injured workers may be entitled to receive workers’ compensation. If your employer is liable for the accident, and the company meets state guidelines, you will be able to file a workers’ compensation claims. Depending on the circumstances involved in your accident, you may also be able to bring a third-party work injury claim. This may be the case if someone other than your employer (such as a coworker, supervisor, equipment manufacturer, or non-related third party) is partially or fully at fault for the accident.
Work injury claims involving defective equipment tend to be very complex. This is due, in large part, to the number of potentially liable parties involved. For example, your employer may be at fault for the accident if the company did not provide adequate training in how to use a certain piece of equipment. However, if the equipment in question also had a design or manufacturing defect, the manufacturer or distributor may also be partially responsible.
It is wise to consult with an experienced attorney about your legal rights and options in order to ensure that you receive the full amount of compensation you are owed for your damages. At Wagner Reese, our Indianapolis work injury lawyers have more than 150+ years of combined experience, and we have handled all types of workplace accident claims. We can help you work to recover the full, fair compensation you and your family deserve.
Call or fill out and submit an online contact form to get started with your free initial consultation today.