Seeking Help For A Worksite Injury Due To Equipment Failure?
March 18, 2019
Injuries at worksites are common in certain industries, especially those whose employees must use specialized equipment and machinery to perform their job.
According to the U.S. Bureau of Labor, nearly 3 million workplace injuries and more than 5,000 workplace fatalities occur each year throughout the country.1
The causes of these injuries vary and equipment failure shows up a fair amount of the time as the cause of worksite accidents that resulted in employee injury.
Usually, when faulty equipment has caused your injury, the same protective rights apply to you as with any other type of injury.
Worksite injury lawyers do suggest that you consider discussing your injury with an attorney experienced with these types of cases as equipment failure injury claims can become more complicated.
Seeking Compensation for Workplace Injuries
If you are injured while performing your job, the first place you should do is report the injury to your supervisor within 30 days and be sure that person reports the injury to your company's workers compensation insurance carrier within one year.
If your employer does not carry workers compensation insurance which is permissible in Texas, you may need to hire a worksite injury lawyer to seek compensation directly from the business if they are found to be at least 1% responsible for the accident and subsequent injury.
Equipment Failure Can Throw A Wrench In Worksite Claims
Compensation claims for injuries at the worksite can get more complicated when equipment failure may have caused your injury.
Breakdowns that result in employee injuries must be investigated to determine why the equipment broke down as this information is critical in determining who is actually responsible for the accident and should provide compensation for your injury.
Worksite injury lawyers generally find that while improper maintenance or incorrect use of the equipment can suggest that the business is liable, there are times when the actual manufacturer of the equipment may instead be liable.
In the former instance, you may be entitled to file a negligence claim against your employer; in the latter scenario, your lawyer may suggest filing a third-party claim against the equipment manufacturer.
It all depends on the type of equipment being used, how it was used and maintained, and whether the failure occurred due to employee or employer negligence or a manufacturing defect.
Worksite Injuries Due to Equipment Failure
If you suffer a worksite injury, it is compensable either through your employer’s workers compensation insurance or directly from your employer.
When equipment failure has caused an injury at the worksite, your best choice is to seek the assistance of a worksite injury lawyer to sort out how to file both for workers compensation and a responsible third party.
Your lawyer will investigate the cause of the failure to determine which involved party is liable for your injury so that an claim can be filed with the appropriate liable party!