Who is Responsible if a Worker is Injured by a Defective Power Tool?
Being hurt on the job is every worker’s nightmare. In addition to the obvious goal of avoiding pain and injury, there is also the matter of needing your income to support yourself and your family. Though workers who sustain injuries on the job can file for workers’ compensation to reimburse them for their medical expenses, the wage loss benefits offered by workers’ comp are limited to a maximum amount that may fall short of the amount that you need, especially if your disability is extensive. However, if your injury was caused by third-party negligence such as a defective power tool, you may be able to pursue a claim against the manufacturer.
Third-party negligence claims are filed against power tool manufacturers when it can be shown that an accident or injury was a result of a defect in their product. While workers’ compensation is a no-fault type of insurance, it does not negate the fact that a manufacturer has a responsibility to provide products that are reasonably safe, and that is not always the case when it comes to power tools. In fact, improper design, defective manufacturing or insufficient warnings or instructions have been blamed for many accidents and deaths on the job, and when that is the case the manufacturer is often found legally responsible for the damage that their defective product caused.
Pursuing a third-party negligence lawsuit does not interfere with your ability or need to file a workers’ compensation claim. If you have been hurt on the job, you need to follow all the required steps to notify your employer of your injury, fill out all appropriate paperwork and seek medical attention from whatever medical professionals your employer has contracted with for workers’ compensation claims to make sure that you get the benefits to which you are entitled.
But many workers who are injured on the job are unaware that they have the right to file a third-party negligence lawsuit against others outside of their company whose actions or inactions may have caused on contributed to their injury.
If you have been hurt on the job and believe that a defective power tool or some other form of negligence contributed to your injury, contact us today to set up an appointment to discuss your case.