Who Is Liable for Faulty Equipment Injuries within the Workplace?
Working with machinery comes with a risk factor, and it’s the employer’s responsibility to ensure all equipment is in full working order. However, accidents happen that can leave employees out of work and struggling with daily life. In such cases, injured parties have the right to claim compensation for damages. Deciding which party is at fault is challenging, especially when accidents can occur because of misuse of machinery. Throughout this article, we’ll take a look at how fault is determined and how to go about claiming compensation.
When an injury happens because of faulty machinery, the first step to receiving compensation is determining liability. You will need to have faulty equipment assessed quickly after the accident, otherwise, corrupt businesses may tamper with evidence. If you’re unable to find out yourself, have a trusty colleague find out on your behalf. Business leaders must maintain equipment and ensure they’re working properly, but sometimes faults occur despite extensive maintenance.
In some cases, accidents are caused because of the way they’re operated. If you were aware of a fault and decided to use the equipment anyway, the blame resides with you. If you’re still seeking damages despite prior knowledge of faults, you will likely fail.
There are countless cases where two parties end up holding liability. For example, the manufacturer and employer can both be held accountable. If equipment is faulty, the blame lies with the manufacturer. However, if the equipment is used anyway, the manufacturer and the business are liable.
Fault and Negligence
There are two questions to be asked when it comes to faulty machinery claims: negligence and fault. Essentially, the accident needs to be assessed to find out if the fault came from a manufacturer or how the equipment was used on site. After the fault has been determined, negligence needs to be considered: was negligent use the root cause of the accident? After answering these two questions, the liable party will be evident.
There is a lengthy process involved in claiming compensation, and a high-quality defective equipment attorney is essential to avoid losing out. There are three methods of claiming compensation including:
- Workers’ compensation insurance. Your employer is legally required to have workers’ compensation insurance, which covers medical treatment and the resulting loss of earnings.
- Personal injury claim. Oftentimes, there is an obvious liable party. If this is the case, the best option to take is to start a personal injury lawsuit.
- Third-party claim. If the liable party doesn’t work for the employer (manufacturers), then a third-party claim is the road to take.
The type of claim you make will be directly linked to the circumstances of the accident. However, knowing the correct path to take is challenging. Therefore, you will need to rely on your attorney to navigate these waters.
Faulty machinery accidents can be devastating for employees, their families, and businesses. Determining which party is at fault and whether there was any negligent machinery use is the only way to assign liability. Hiring an attorney will help you claim and win the correct amount of compensation.