Certain types of jobs pose a far higher risk to employees than others. Construction workers, oil rig workers, and miners are just a few of the occupations having a high risk of suffering from injuries. Accidents in the workplace can and do happen all the time.
Equipment failure is a common cause of on-the-job accidents and injuries. When it comes to equipment failing to function as intended, a malfunctioning nail gun can be just as dangerous as a faulty set of brakes on a company vehicle. Lacerations, broken bones, amputations, brain injuries, head and neck trauma, puncture wounds, internal injuries, chemical exposure, and death are all examples of injuries workers may sustain on the job as a direct result of an equipment failure.
Most Common Causes of Equipment Failures
Equipment can fail for any number of reasons. When equipment fails while a worker is performing a job-related task, the results can be disastrous. Some of the most common causes of equipment failures are due to:
- Corrosion
- Mechanical wear and tear
- Misuse
- Faulty design
- Manufacturing error
- Lack of proper warning or instruction
- Lack of proper training
- Failure to maintain
- Negligence
When equipment fails, are injuries covered by workers’ compensation?
Employers are required by law to not only provide a safe workplace for their employees but to provide proper training on equipment as well. If an individual is injured or killed due to equipment failure, the victim (as well as his or her family members) has the right to seek compensation through workers’ compensation for medical bills and lost wages. Workers’ compensation is a state-regulated program that provides benefits to workers, regardless of who was at fault, for job-related injuries and illnesses.
Not all employers are required by law to carry workers’ compensation insurance. Those who do not are leaving themselves and their businesses open to lawsuits and other legal actions. In cases where an employer does not have workers’ comp coverage for its employees, an injured employee may have the right to file a personal injury lawsuit. Employees are not allowed to seek multiple benefits by filing both a workers’ comp claim and a personal lawsuit.
When an Injured Worker May Be Eligible to File a Third-Party Lawsuit
In cases where equipment failure is directly responsible for causing a worker’s injuries, that worker may be eligible to file a third-party lawsuit against the manufacturer. Manufacturers have a legal responsibility for ensuring the safety of any product or piece of equipment they produce and make available for sale. A worker injured by defective or unreasonably dangerous equipment has a potential products liability claim against entities that designed, manufactured, distributed and sold the equipment. Third party lawsuits can be pursued separately from pursuing workers’ compensation benefits.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
ABOUT HERRMAN & HERRMAN PERSONAL INJURY LAWYERS
