If you work in an industrial setting, you know how dangerous your work can be. You may work with heavy equipment and powerful tools on a daily basis. Unfortunately, many accidents in an industrial setting are caused by defective equipment. Any type of equipment can be defective, from hand tools used for welding or drilling to rotators, conveyors and feeder belts. Even equipment used to move large items around like forklifts, cranes or derricks can be defective.
According to our defective equipment attorneys, significant damage can be caused by equipment that is not working properly. There have been reports of facial or eye damage when equipment malfunctions. Serious injury and death have occurred when defective parts in a crane fell, causing it to topple over or collapse.
Many power tools are connected to electric power and if they are not properly grounded or insulated, you could be electrocuted, burned or shocked. In many cases, the defective equipment can be traced to its manufacturer or to parts that were included in the equipment that were sub-standard.
The Occupational Safety and Health Administration (OSHA) sets equipment specifications for all tools used in the workplace, including ladders and scaffolding. They even provide regulations for temporary stairwells created at a construction site. Fixed ladders have maximum weight requirements and must be supported in a certain way. An employer is required to provide equipment that meets OSHA standards.
Under Pennsylvania law, your employer is required to provide you with workers compensation for any workplace injury, even if the injury was caused by faulty equipment. Under the law, you cannot sue your employer for a workplace injury in most cases. However, if it is determined that the equipment was faulty in any way, you may be able to file a civil suit against the equipment manufacturer. If the equipment was rented, the rental company may be liable for your injuries. Under workers Compensation , you receive payment for lost wages, medical bills and other expenses related to your injury, but you are not permitted to receive pain and suffering. If you file a civil lawsuit against the manufacturer or rental company, you may also receive additional payment for the pain you suffered as a result of your injury as well as other types of suffering such as lost enjoyment of life and mental anguish.
If you or a loved one has suffered an injury that you believe was due to faulty equipment, contact the defective equipment attorneys at Lundy Law today to learn what rights you have. You can arrange for an initial consultation by calling 1-800-Lundy Law or completing the easy form on our website.