Any job that uses heavy machinery puts workers at risk. The machines and equipment used on construction sites and other work areas must be in proper working order to get the job done, and to keep workers safe. In cases of malfunctioning equipment & workers comp, injured workers need to weigh their options for receiving compensation. In some cases, fault may lie with the employer while in others, the manufacturer bears responsibility for the injury. In some instances a combination of culpability is present, and it takes the right legal argument in order to maximize reimbursement and cover the victim’s needs. A workers comp case is comprised of many parts, with multiple avenues of recovery. Deciding what is best for your case can be difficult, but when you partner with The Spencer Law Firm, PLLC in San Antonio, TX, you can have the peace of mind of knowing your case is in good hands.
Types of Equipment Failures and Malfunction
The equipment used in construction and other job sites can malfunction in many ways, and any of these can cause a devastating and life-changing injury:
- A piece of machinery may stop performing as it was designed to, causing a worker to get caught up in the moving parts or be struck with a piece of the equipment as the machine begins to malfunction and break apart.
- Equipment that has not been maintained properly may begin to malfunction.
- Operator error can also contribute to the malfunction of a piece of equipment or machinery.
In any of these instances, the injured worker can look to the employer or to the manufacturer for payment of damages. The key is to provide evidence of the malfunction, and prove how it happened.
If the manufacturer was negligent in design or construction of the equipment, the manufacturer should responsible for the costs of recovery. If, on the other hand, the malfunction was the result of a company policy or lack thereof, the employer may be liable for the injuries caused. Getting to the bottom of the cause of injury takes a thorough analysis of the accident, and typically requires experts to weigh in and explain the mechanics of the equipment. Once this information has been evaluated and liability established, an attorney should be able to make the necessary legal arguments for recovery.
What Types of Damages Apply to Malfunctioning Equipment Cases?
Being hurt on the job provides the injured worker the right to seek reimbursement for every aspect of damage suffered. This includes the cost of medical care and any necessary ongoing treatment, lost wages, pain and suffering. In the most egregious matters, punitive damages may also be available. Every case is unique, and the damages that go along with your injury will be unique to your personal set of circumstances. The goal is to allow you to maintain your lifestyle, which includes making a full recovery (or as full a recovery as is possible) and being able to return to the job. In cases where the damage is permanent, a different approach should be taken to make certain the award covers your needs.
Where to Turn for Help
The Spencer Law Firm, PLLC, fights for the rights of workers who have been hurt on the job. When job site equipment malfunctions and causes an injury, we know how to build a case designed to obtain full and fair compensation for your injuries. Contact us online to schedule a consultation and learn more.