What if I'm injured at work as a result of defective equipment?

Whenever a worker is injured as a result of defective equipment, or a dangerous situation he was placed in by his supervisor, or the fault of another employee, he wonders whether his employer is responsible for the injuries and wage loss suffered. The answer is yes, but only to the extent of his obligations under the state's workers compensation law. This means that the employer is responsible for medical care, two-thirds of the lost wages, and a payment for any permanent injury. But the employer is not responsible for the other third of the lost income, nor is he responsible for the pain and loss of enjoyment of life that will certainly be suffered.

CAN YOU CHOOSE BETWEEN NEGLIGENCE AND WORKERS COMPENSATION?

No. Even if the worker's injuries are the fault of the employer or a co-worker, the only avenue for recovery from the employer is the state worker's compensation law. Though a claim for negligence against the employer (i.e. giving employee poorly maintained machinery) would bring more money, the state legislature has cut off that option. The only remedy against an employer for injury at work is worker's compensation.

IS ANYONE ELSE IS RESPONSIBLE?

Yes. The manufacturer of the defective equipment (i.e. ladder, scaffold, harness) is responsible for the injuries caused by a defective product. If the manufacturer is found to have placed an unreasonably dangerous product in the stream of commerce, it will be obligated to pay all of the worker's damages, including lost income, pain and suffering, and loss of enjoyment of life. This is a much larger amount than was paid by the employer for the same event.

CONCLUSION

If you or a co-worker is injured at work, investigate to determine whether the accident was the result of a defective product. If it was, the injured worker will be able to seek full compensation, as opposed to the lesser payments made under workers compensation.

Click here for a free consultation or to receive a free copy of “10 Ways To Get More Money For Your Injury.”

Law Office of David E. Gordon
1850 Poplar Crest Cove, Suite 200
Memphis, Tennessee 38119
(800) 755-0107 main toll free
(901) 818-4889 local office line
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www.davidgordonlaw.com

David E. Gordon is a Certified Civil Trial Specialist by the National Board of Trial Advocacy and the Tennessee Commission on Continuing Legal Education and Specialization.