subject: Can A Defective Product In The Workplace Be Held Responsible For My Injuries ? [print this page] Workers compensation policies protect employers from their employees injuries reimbursing the employees injured on the job for their medical expenses and lost wages.
But if a defective product on the job caused your injuries? Then, you are eligible for workers comp insurance and may also be eligible for compensation from the products manufacturer or distributor. Negligence at manufacturing can show in the following ways:
- The product wasn't thoroughly inspected and an individual product defect made it to market
- The product wasn't thoroughly tested and the design of the overall product was thus defective
- The manufacturer did not adequately warn consumers of the product's associated safety risks
The role of the manufacturer in properly testing the design and use of each product and in providing adequate warnings and instructions is especially important in products that are more dangerous to use. These products are often used in high-risk jobs, and defects within the products can make the jobsite even more dangerous. Products at risk for defects include:
- Heavy machinery, such as boom lifts
- Construction tools and equipment, including ladders and scaffolding
- Saws, presses, and log splitters
- Manufacturing equipment
Without proper attention, these kinds of products can leave workers seriously injured, disabled, or dead. But when a worker cannot control a product because of its defects and serious injuries occur, more compensation than worker's comp may be necessary and is deserved.
If you or a loved one was injured by a defective product on the jobsite, don't just settle for your worker's comp. Contact an attorney who specializes in defective products to see if you have a viable claim against the manufacturer. Many attorneys give consultations free of charge.
You may have not been the only worker injured by the same product--an attorney will know if there is a class action lawsuit forming against certain products. Class action suits, which combine the grievances of many individual injured into one lawsuit, can both compensate injured workers and require the manufacturer to adhere to stricter safety standards.
Even if there isn't a class action suit forming, an attorney can help you make a settlement with the manufacturer of the defective product.
Defective products are not the fault of you or your employer. An attorney specializing in defective products can help you gain your rightful compensation from the responsible manufacturer.
