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EQUIPMENT
MALFUNCTIONS / WORKERS COMPENSATION
A third party lawsuit can occur if someone (or
something) other than your employer is wholly or
partly responsible for your work-related injury,
illness or disease.
Machinery that has a design flaw or lacks a safety
feature often contributes to on-the-job injury and
is the subject of "product liability lawsuits."
Getting compensation through a third party such as
an equipment manufacturer is rare, but it does
happen.
The law says that you can sue an equipment
manufacturer for injuries caused by a product
malfunction or a design flaw. The law also gives you
the right to sue if you can prove that the
manufacturer failed to provide adequate instructions
for using the equipment.
It is in your best interest to contact a lawyer if a
defective product causes an injury. He or she can
hire experts who can determine whether or not a
complex piece of machinery contained a design flaw
or lacked safety features.
Equipment lacking safety equipment can lead to a
manufacturer being sued. The National Safety Council
estimates that unsafe equipment causes 10 to 15
percent of all industrial injuries
In a product liability lawsuit, your attorney must
prove that the manufacturer failed in its duty to
design a safe product
Equipment lacking detailed information about the
dangers of equipment use can lead to a third party
lawsuit of the manufacturer. In a recent case, a
worker sued (and won) because the manufacturer
failed to warn of the dangers that can happen if an
operator did not lighten a wheel nut with a specific
torque requirement. Although directions were
supplied on how to use the product, the directions
said nothing about what could happen if certain
directions were not followed.
A third outlet is the National Institute for
Occupational Safety and Health, an agency that
conducts research on hazardous conditions and
workplace exposures to toxic chemicals.
They can be reached at (404) 329-3311
"Reasonable medical care" includes, but is not
limited to, surgery, special treatments, medications
or physical therapy. Should you refuse such
recommended treatment, your employer or his or her
insurance carrier has the right to petition the
Bureau of Workers' Compensation to have your
benefits suspended.
Dealing with an insurance company doctor is a
somewhat different matter. An insurance company
doctor who recommends a specific test, treatment,
therapy or operation can have his or her
recommendation challenged by your doctor. If both
agree to the treatment regimen, you have the
obligation to arrange for treatment with your
doctor. If you refuse, you may lose your benefits.
If you are injured at work, or if your work
irritates a pre-existing physical problem or you
develop a disease or illness from your job, you are
entitled to workers' compensation benefits.
Do not permanently lose your right to seek
workers compensation benefits that you are entitled
to receive after a work-related injury.
Please contact a Munley, Munley & Cartwright Workers
Compensation Lawyer by
e-mail or telephone 1-800-WORKERS today for an
assessment of your case.
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