What Should I Do if I Am Injured by Defective Machinery at Work?

Work environments often involve working with machinery, which can break down occasionally for several reasons. When equipment is faulty, there is a chance it could cause injury to the user. 

When faulty or defective machinery is the cause of an accident, liability for the accident resides with the party at fault, which can be the employer or the faulty machine manufacturer. 

When the Employer Is Liable for the Accident

If the fault or defect in the machinery is caused by the employer's negligence, such as failure to service the equipment, liability will be on the employer. In most states, employers must carry workers’ compensation insurance covering damages employees suffered on a no-fault basis. 

A no-fault approach means an employee is eligible for compensation even when they may be partly to blame for the accident, except under rare circumstances, such as accidents occurring while the employee is intoxicated. It is also important to note that workers’ compensation insurance only covers economic damages, such as lost wages, medical bills, and other monetary costs directly linked with the accident, excluding non-economic damages.

When a Third Party May Be Liable

If a design flaw is the cause of the accident, the faulty party would be the machinery manufacturer or the faulty part manufacturer. If the damaged party is successful with their defective product claim and is able to prove the third party’s culpability, they could recover economic and non-economic damages. These damages may include pain and suffering, loss of life's enjoyment, disfigurement, disability, and psychological trauma. 

They could also recover punitive damages if gross negligence were a factor in the accident. However, punitive damages are rarely awarded in negligence cases, and the standard of proof can be quite high.

Get Medical Help

"Eligibility for compensation doesn't mean you get automatic compensation. You must file a claim against the at-fault party and prove negligence," says injury attorney Brandon Kinard of KGS Law PLLC. 

You can do a few things to improve your chances of getting fair compensation. The first thing you must do is seek medical help. If your injuries are severe, call 911; if not, you may not have to call 911 but be sure to see a doctor the same day or the following day. 

Seeking timely medical attention helps avoid creating treatment gaps that could compromise your case. Also, medical records, bills, and receipts become critical evidence when valuing your claim.  

Finally, ensure you report the accident to the relevant authorities and document the scene by taking pictures and recording video footage.

Get the Help of a Lawyer

Filing a claim under workers’ compensation is relatively straightforward unless the damages suffered are substantial. So, in most cases, you may not need to involve a lawyer. On the other hand, faulty product cases have a pretty high standard of proof. Your chances of winning a case without a lawyer are pretty slim, so it is a good idea to contact a defective product lawyer.

Do not let legal fees hold you back from contacting a lawyer. Most personal injury lawyers offer an initial consultation for free. If they determine that a case is worth pursuing, they offer their services on a contingency fee basis which means you only pay if they win your case in the form of a percentage of your payout. This can range from 25 to 40 percent of the settlement figure.