If your employer is required to carry workers’ compensation insurance, you have options if you are injured at work by faulty equipment. Your first option is to file a workers’ compensation claim. These benefits will provide you with medical care at no cost, as well as a portion of your lost wages until you recover from your injuries and are able to return to work.
You could also file a third-party personal injury insurance claim or lawsuit against the manufacturer of the faulty equipment. A personal injury lawyer in your area can help you in either situation or both, investigate your accident, and build a strong case for financial recovery.
Faulty Equipment Injuries at Work May Entitle You to Workers’ Comp Benefits
If you or a loved one suffered workplace injuries due to faulty equipment, a workers’ compensation lawyer can help you file a claim. Workers’ comp is available to pretty much any injured employee regardless of fault or negligence. This type of claim can cover your medical bills and replace some of your lost income.
How to File an Effective Workers’ Compensation Claim
According to the California Department of Industrial Relations (DIR), you need to notify your employer of your injuries within 30 days of the incident. They will provide you with the necessary forms, and you must submit them on time, along with medical evidence and proof of income loss.
Make sure that you:
- Complete your section of the form
- Sign and date the claim form
- Retain a copy for your personal records
Your lawyer will handle the details of your workers’ compensation claim for you. They can compile the required medical evidence and ensure an accurate assessment of your average weekly salary. If your initial claim is denied, your lawyer will file an appeal on your behalf.
Understanding the Medical and Financial Benefits You Can Receive
Workers’ compensation benefits cover all the treatments you need to recover from your injuries, including:
- Emergency care
- Assistive devices
In addition to all the medical care your injuries require, you can receive financial benefits. In general, you can expect to receive approximately two-thirds of your average weekly salary. The length of time you receive these benefits depends on the extent and severity of your injuries.
Accidents Caused by Faulty Equipment Could Entitle You to Personal Injury Compensation
After being injured at work by faulty equipment, a personal injury lawyer can help you file an insurance claim or lawsuit. They will investigate your accident and prove the negligence that led to your accident. In a faulty equipment case, it may be a design or manufacturing flaw.
Your lawyer will compile evidence you might find challenging to collect on your own, such as equipment tests and evaluations. Along with expert opinions and testimonials from coworkers who used the same equipment and equipment maintenance personnel, this information can prove the negligence, enabling you to pursue compensation.
After they’ve evaluated all your damages, your personal injury attorney will negotiate a favorable settlement on your behalf. If an acceptable offer is not forthcoming, they will take your case to court and keep fighting for the financial compensation you deserve.
Compensation You Can Recover From the Equipment’s Manufacturer
Assessing your recoverable damages after a negligence-based injury can be complex and challenging. However, a lawyer can demand compensation for the following losses:
- Past and future injury-related medical bills
- Past and future injury-related loss of income
- Reduced earning capacity
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
Your family can also recover wrongful death damages if faulty equipment led to the demise of a loved one. Your lawyer will explain who can file a wrongful death action and which family members can benefit from a financial award.
According to CCP § 335.1, you generally have up to two years to file a lawsuit for damages—regardless if it’s for personal injury or wrongful death. You must act quickly, as the court may bar you from suing the other party past the deadline. If you hire an attorney early, they can identify how much time you have to take action and help you comply.
Get Help Understanding Your Financial Recovery Options
You have options if you were injured at work by faulty equipment. Our personal injury law firm will help you file a workers’ compensation claim and/or a third-party lawsuit against the maker of the faulty equipment.
At KJT Law Group, we want to be your advocates throughout the entirety of your case. Call us at (818) 507-8525 today to start your free consultation. Our team takes faulty equipment cases on contingency, so you don’t pay any attorney’s fees unless we procure compensation for you.