A workplace accident caused by defective equipment can lead to significant medical bills and may cause the employee to miss time at work. A worker who’s harmed by defective workplace equipment may suffer from permanent injuries and may be unable to return to work, either temporarily or permanently. Fortunately, there is legal recourse that injured workers can take to recover benefits and damages.
Our defective workplace equipment attorneys in New York can help you explore your options to recover compensation.
Defective Workplace Equipment and Machinery
While equipment can be defective in nearly any industry, workers who may be most at risk of sustaining an injury due to defective equipment may be those in the industries listed below.
- Construction workers
- Logging industry workers
- Factory workers
- Trucking/transportation workers
Workers in the industries above are often exposed to large pieces of equipment, such as cranes, forklifts and conveyor belts that, when defective, can cause serious and life-threatening injuries. Defective scaffolding equipment, for example, can result in a deadly fall for a construction worker; likewise, defective trucks can result in an accident that causes severe harm. Defective workplace equipment may be the result of improper repair or maintenance or a defective design or defect in the manufacturing process.
Who’s liable for a workplace injury caused by defective equipment?
When a workplace injury is caused by defective equipment, the injured worker may file for workers’ compensation benefits, regardless of who is to blame. So whether the defect is the employee’s fault, a coworker’s fault, the employer’s fault or some other party’s fault, the injured worker can file for workers’ comp. Workers’ compensation is provided in the form of medical benefits, cash benefits, death benefits and supplemental benefits.
But if a party other than the injured worker, a co-worker or an employer – i.e., a third party – is to blame, then the worker may file a third-party liability claim for damages. This may be the case if the equipment defect was caused by a design, manufacturing or repair error.
If a third-party liability suit is filed, the injured worker will have to prove that the accident was the direct result of the defective equipment and that the third party named in the lawsuit is to blame for the defect. The injured worker may be able to recover damages in the form of medical expenses, lost wages, emotional distress and more.
These damages may be in addition to workers’ compensation benefits, though it’s important to consult defective workplace equipment lawyers in New York about how compensation from third-party claims and workers’ comp claims can interact.
How Our Defective Workplace Equipment Attorneys Can Help
If you’ve been injured in a workplace accident involving defective equipment but aren’t sure of your rights or options moving forward, an attorney can help point you in the right direction and assist you in claiming the benefits you’re rightfully owed. At Gacovino, Lake & Associates, P.C., our attorneys are ready to take on your claim today and help you file a claim for workers’ compensation and/or a third-party liability suit.
If you’ve been injured, don’t hesitate to take action. You have two years from the date of injury to file a claim for workers’ compensation in New York and three years to file a third-party liability suit. Our legal team is available to talk now. Call us today at 1-800-550-0000 or use the form on our contact page to set up your consultation.