On-the-job Product Liability
Many times when our skilled team of professional investigators takes a look at a personal injury claim, they find a defective product is to blame. This is especially true in the case of workers injured on the job. What might initially appear to be a worker’s compensation claim might turn out to be a case involving a dangerous product or piece of equipment, about which employers should have been aware.
Although a state’s worker’s compensation system places limitations on the ability of employees to hold employers accountable for work-related injuries, many people do not realize that there may be another available source of recovery. If a product causes an on-the-job injury, a product liability suit may be brought against the product’s manufacturer. Unfortunately, catastrophic injuries, deaths, and amputations commonly occur from defective products found in the work place.
We help ensure that employers, manufacturers, distributors, suppliers, retailers and others who make products available to the public are held responsible for the injuries those products cause.
In addition to defective machinery, employees can sustain injuries on the job due to the negligence of a third party. For example, we handled a case for a client who was severely burned when an explosion occurred at an oil refinery. In addition to his workers’ compensation benefits, we pursued claims against the parties who negligently performed repair work at the oil facility that caused the explosion.
The importance of examining third party claims when examining workers’ compensation claims is extremely important to the client. All common law damages, past/future pain and suffering, past/future mental anguish, loss of enjoyment, lost income and punitive damages are recoverable. Additionally, spouses of injured employees can file loss of services or consortium claims. This, of course, is not possible under workers’ compensation.
Workplace injury may include industrial disease cases such as asbestosis and mesothelioma, chest diseases, repetitive injury strain, or a severe injury or even death resulting from an unsafe work environment or defective equipment. An injury or illness is considered work-related if an event or exposure in the workplace caused or contributed to the condition or even if it significantly aggravated a pre-existing condition.
What can I do?
If you or a loved one has suffered a serious on-the-job injury, you may be entitled to compensation. For a free legal consultation, contact us today!