Defective equipment is a leading cause of injuries in the workplace. This is especially a risk in manufacturing, construction, and transportation jobs. Employees who have been hurt because of malfunctioning machinery may need a Workplace Injury Attorney in Melrose MA to make sure they get the full financial compensation they deserve.
Employees generally cannot sue their employers because of workplace accidents, as the workers’ compensation system is set up to provide payments instead. However, an injured person may be able to sue the equipment manufacturer with the assistance of a Workplace Injury Attorney in Melrose MA if the machinery was inherently defective. If the problem was due to lack of maintenance or repair work, however, suing the manufacturer is probably not possible.
What types of equipment tend to be defective? Broadly speaking, any kind of factory machinery may have left the plant with a flaw that could cause an accident in the future. Vehicles ranging from relatively small forklifts to bulldozers and other heavy equipment can cause accidents if any components are faulty. Those are just two examples of the numerous possibilities.
At least one investigation will be conducted if the allegation is about defective machinery from the manufacturer. A firm such as the Law Offices Of Burton J. Hass will want to conduct its own investigation with qualified experts. They will search out previous cases involving the manufacturer and the particular equipment. They look for flaws in the design of the device or problems that occurred during the production process.
If it is determined the equipment was the cause of the accident and it was already flawed when it arrived on the site, the employee should qualify for both workers’ compensation benefits and compensation from the manufacturer. Workers’ compensation normally would pay for lost income while the individual recovers or a larger amount if the person can never return to the job. All medical bills also should be paid by workers’ comp, including treatments such as physical or occupational therapy. A lump-sum payment may be made by the equipment manufacturer if found liable for the accident or if the company chooses to settle the suit instead of going to trial.
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