Machine accidents or defective equipment
Los Angeles Product Liability Attorney
Work accidents due to the use of defective machinery and equipment are more frequent than people imagine. However, many times the worker cannot identify when the injuries were caused by a defective product and when not, can even believe that it was he himself who was at fault for the accident.
When an injury is caused by the use of defective equipment or machinery, the worker may be entitled to seek compensation for damages.
What is defective ‘work equipment’?
It can be any work equipment or machinery, an apparatus, a tool or an installation used to perform a work activity. Defective equipment covers a wide range of machines, from a simple chair to heavy machinery used in the construction of a work.
These are some of the defective equipment used in the job sites:
- Cranes, trucks, forklifts, vans, tractors, forklifts.
- Electric tools and manuals.
- Electronic equipment.
- Electric equipment.
- Stairs and scaffolding.
- Kitchen equipment.
- Office team.
- Various furniture (office chairs and desks).
Accidents and work injuries due to the use of defective equipment or machinery
There are many and varied causes of accidents and injuries at work due to the use of defective machinery or equipment. Among these we can include the following:
- Due to the use of defective / unsafe work equipment. Amputation or crushing caused by lack of protection or inadequate use of a machine in the factory. Also by electric shock or burn caused by faulty electrical equipment.
- Falls from heights. Use of scaffolding and other unsafe work platforms, faulty or inadequate ladders. These accidents are caused by the use of any of these equipment inadequately for the type of work that is performed.
- Cuts and lacerations. Due to broken parts and sharp edges in work equipment.
- Injuries due to the use of equipment without adequate protection. Injuries can include hearing loss from the use of very noisy equipment without adequate protection for the ears. Also severe vision damage due to lack of protection in welding works or exposure to vapors and acids in the chemical or manufacturing industry.
- Work accidents and injuries due to lack of training. The inadequate or insufficient training of the personnel for the use of a work team, can also cause very serious accidents because the workers are not really prepared for the use and operation of equipment in a safe way.
- Unsafe use of the work team. Even though the work equipment works correctly, the worker can still suffer accidents and injuries if he uses it incorrectly. The employer has the duty that the operator of a team uses it in an appropriate way and that the system of work in general in the company is safe.
- Inadequate use of work equipment. When you use incorrect tools at work, there are always risks of injury. This can be caused by lack of adequate training of the worker or by the fault of the employer when providing inadequate equipment.
Obligations of the employer regarding the safe use of machinery and work equipment.
Employers must comply with a series of health and industrial safety standards for the different tasks performed by their personnel. These standards are intended to guarantee the safety and protection of workers for the use of work equipment.
The regulations and standards are applied according to the type of work, the work site and the type of equipment used. In this sense, the duty of the employer with the personnel of his company is:
- Always provide the worker with work equipment, adequate and safe to perform their tasks.
- Maintain properly and safely the work equipment through a permanent inspection.
- Perform periodic risk assessments in the company and identify any type of underlying risk by the use of work equipment.
- Provide adequate training and information to personnel who use work equipment likely to cause accidents.
- Ensure that the equipment provided meets the appropriate safety characteristics (warning signs, stop controls in case of emergency, etc.).
- Providing adequate protective equipment to workers such as protective goggles, safety boots, ear protectors, protective gloves, safety helmets, among others.
Compensation claims for work team injuries
People who are injured as a result of dangerous equipment in their workplace may be entitled to claim compensation if they can identify the third party responsible. An accident and personal injury lawyer for the use of defective machinery can help you solve the case and get fair compensation.
The claim or demand against a third party for civil liability of defective product may include the manufacturer, if the accident was caused by a defective equipment, the equipment / machinery distributor or the maintenance company of the equipment.
Los Angeles product liability attorneys in taking a case the first thing they do is identify the person responsible to prepare the claim or demand. California law states that the worker cannot sue his employer for an accident at work, because it is assumed that the employer has an insurance policy that covers the treatment of worker’s injuries.
Identifying the third negligent person
However, it may be that the amount of the compensatory damages of the employer’s policy is insufficient to cover all of the expenses and damages. That is why it is very important to identify if in the accident due to the use of a defective product there is a third person responsible, since the compensation to be requested is greater.
Work accidents due to negligence of third parties are more frequent than people think. However, discovering who was at fault and gathering sufficient evidence (medical reports, expert evaluations, expert opinions of teams, testimonies of key witnesses, photos and videos, invoices), takes time and work.
Then, to investigate and make use of solid and irrefutable legal arguments to present a claim of this nature is not an easy task, since it requires experience and knowledge of the law. During the claim process or trial, the lawyer must prove the negligence of the third party responsible and justify the compensatory damages claimed.
Injuries caused by defective machinery or equipment can become very serious; for example, cause disfigurement, amputations, deep wounds or permanent disability. The victim will then need the help of a competent lawyer to be able to treat his injuries until he recovers and if he loses his job find a way to survive together with his family through a reasonable compensation.
If you or a family member were injured in an accident at work due to the use of a defective product, you can count on Lluis Law’s law firm. Our personal injury and work injury attorneys can help you with your claim or claim for damages. Do not hesitate to contact us for a free consultation. Our telephone number is (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.