Manhattan, New York (NewYorkInjuryNews.com) — It would be wrong to say that a person injured on the job by a machine can only make a claim for worker’s compensation benefits (which limits your claim to payment of medical expenses and partial wage reimbursement but provides nothing for pain and suffering). That is why there are some circumstances where a lawsuit can also be brought against someone, often the manufacturer.
If a machine malfunctions because it was not properly designed or manufactured and causes an injury you can sue the manufacturer of the product to recover money damages for your injuries.
For example, if a table saw cuts off a worker’s fingers because it was not made with a proper guard, or if your arm gets caught in a conveyor belt system that was made without a proper shut-off switch, you can sue the manufacturer of the product. Also, cases involving explosions or fires could have been caused by dangerously made products. These are just a few examples of what can go wrong in the work place. The different scenarios are almost infinite. (And incidentally, you don’t have to be injured on the job to have a products liability case. It can happen with any product.)
But how do you know if you have a case to recover money damages for your injuries? Well that is where a well-qualified lawyer comes in. After hearing your story, he or she should be able to decide whether you have a case or not.
The first thing that needs to be done is to preserve the product that caused your injury. That is extremely important because if the product is destroyed after an accident, that alone can cause you to lose your case. Lawyers call this “spoliation of evidence” which can result in a dismissal of your case.
The lawyer will also hire the right expert (usually an engineer) who can examine the product to see if you have a case.
It is a sad fact of life that all too frequently products are made and put in the work place with defects or non-existent or improper warnings that cause horrific injuries.
If you get into an accident at work and a machine or some other product is involved, don’t just assume that the only claim you can make is for worker’s compensation benefits. There is a possibility you could recover compensation for your injuries from the manufacturer of the harmful product as well.
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