From construction workers to doctors, workers use equipment in their jobs. It doesn’t matter if it’s a tray for serving drinks or PPE for a nurse, workers need reliable tools. When we imagine workplace injuries, we often consider who is at fault. Perhaps an employer or a fellow worker created a dangerous environment, causing you harm. For example, a spill was unattended, or a dangerous item was left exposed with no warning.
What happens, then, when a worker is injured by the tools themselves? Errors can occur during any part of a product’s design, manufacture, or distribution. Defective products can cause real damage, especially when someone relies on them for work. A faulty desk could fall over on an office worker, or a defective vehicle could hurt a construction worker.
In this article, we will explore the issue of faulty work equipment; how it affects workers’ compensation benefits; and what steps you can take if you’ve been injured.
Workers’ Comp Benefits
It is well known that insurance companies avoid paying benefits whenever they can. They will use any excuse to deny your workers’ compensation. If you were hurt by faulty equipment, an insurance company could claim that the responsibility lies with the manufacturer.
For this reason, it is important that you include a lawyer in every step of the workers’ compensation process. They can help make sure all your paperwork is in order, and they can help you build a convincing argument for why you deserve benefits. If you are denied, they can help you appeal that decision.
Regardless of how your injury happened, you should be compensated. It should not matter if it was the fault of another worker or your equipment. Secure good legal representation when faulty tools have harmed you on the job.
One factor that may help you receive your benefits is proving employer awareness. Hopefully, if you were given faulty equipment, your employer did not know it was defective. Companies, however, are often concerned about their bottom line. It is not uncommon for them to assume that equipment is “good enough” and distribute it to their workers.
If this happened at your job, it can help toward getting your benefits. A workers’ compensation appeal works much like a courtroom. Your lawyer can investigate your case, enter evidence, and call witnesses. Proving that your employer intentionally provided you substandard equipment can help considerably.
Defective Product Claims
The workers’ comp insurer may encourage you to take your case to court. They may claim that you could attempt a defective product lawsuit. This, however, is just another tactic to deny your benefits. You should not have to go through that process to receive your compensation. Workers’ compensation is there to help you with any work-related injury, regardless of its origin. Don’t fall for an insurance company’s deflection, and keep your lawyer abreast of the company’s practices. Your attorney could use the company’s tactics as evidence against them in an appeal.
If you’ve been harmed by defective work equipment, contact us before applying for workers’ comp. We may be able to help you get your benefits. Our number is (714) 909-2609, and you can contact us online.