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Defective Equipment And Workplace Injuries

Can you imagine what construction would be like without all the equipment construction workers use every day? These tools help make their jobs so much easier, but they are also often a cause of serious workplace injury. Some of these tools are powerful enough to lift tons, but when they malfunction that’s when the real trouble occurs.

Here are the most common ways equipment can be responsible for a workplace injury:

Incomplete Instructions and Warning Labels

Companies that make the equipment used in a workplace is required to put a warning label on each piece so the user knows how to properly handle it. This is true for any piece of equipment, from items used at home such as hairdryers to power tools used in construction. If there’s an inherent risk of using the equipment, the manufacturer must put it on the label. Otherwise, they may be held responsible for any workplace injuries.

A Defect in Manufacturing

Another common reason why equipment backfires is a defect in manufacture. Even if all the warning labels are in place and instructions are clear, a defect could cause a workplace injury. These defects could be a result of damage, improper use, temperature and other reasons.

A Defect in the Design

Sometimes, issues can be concealed under the hood of the equipment. Even if a piece of equipment looks good on the outside, there could be a defect on the inside that could result in an injury. That is why manufacturers are required to test the equipment they produce before selling it. These quality assurance tests can help eliminate any faulty equipment and find a way to fix the issue, ensuring that workers who use the same equipment are safe.

What Can Injured Workers Do In Case of a Workplace Injury?

While the financial stress of a workplace injury may not be an immediate concern after an accident, the medical bills and lost wages can become quite a financial strain on an injured worker. However, injured employees do have several options.

Workers’ Compensation Benefits

In most states, employers are required to provide workers’ compensation insurance to full-time employees. Workers’ compensation insurance covers for any medical expenses and lost wages that resulted from a workplace injury, no matter if the accident was caused by the injured worker or not. However, employees are often denied their claims for tiny errors in the filing form or incomplete statements. That is why workers should seek a reputable workers’ comp lawyer to guide them through the process.

Personal Injury Lawsuit

If the injury was caused by defected equipment, the injured worker can attempt to sue the company that produced the faulty equipment. The lawsuit can make up for the costs that workers’ compensation may not be able to cover. This is also a viable alternative for workers who are not covered by workers’ comp insurance, like freelancers or part-time workers.

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Andrew J. Decker, IV

Andrew J. “AJ” Decker, IV, grew up in Live Oak, Florida and graduated from Suwannee High School in 1997. He attended Emory University, earning a Bachelor of Arts in Political Science in 2001. He subsequently attended Florida Coastal School of Law, graduating with high honors in 2004. AJ represents client in civil litigation matters, focusing…

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