Workers’ Compensation: Injuries From Defective or Malfunctioning Equipment
December 15, 2015
Construction equipment accidents
There are countless types of construction accidents involving power tools, machinery and equipment including:
- Crane accidents
- Scaffolding accidents
- Forklifts accidents
- Jackhammer accidents
- Front loader accidents
- Boom accidents
- Backhoe accidents
Most of these types of accidents could have been prevented because they were caused by the negligence of another person. If the machinery is designed and built properly, maintained in good working order, the workers who use the machinery or equipment are properly trained and use the appropriate safety gear, and the equipment itself carries safety warnings, many of these accidents could be prevented.
Most common types of construction equipment failures
There are many different types of equipment failures that can cause injuries on a construction site. Tools can fail to operate as they should, small parts can break off and become projectiles, and workers could get caught in a piece of machinery that begins to malfunction. Other types of machinery failures include:
- Defective equipment. A defect either in the design or manufacture of a power tool or a piece of construction equipment can cause serious injury.
- Poorly maintained equipment. If the person in charge of keeping the equipment clean, oiled and in good working order does not do so, it can cause the machine to malfunction and cause injuries.
- Inadequate training. If construction workers are not properly trained in how to use a piece of machinery before they must use it in their work they can end up hurting themselves and their colleagues.
When a Philadelphia construction worker is injured by a piece of defective machinery, the injured worker may be able to take legal action against the manufacturer, distributor and seller of the piece of equipment. If the construction company pays a service company to repair and maintain their equipment and the injury was caused by equipment that was poorly maintained, the service company may also be named in the lawsuit.
If a construction worker who has been injured by a piece of defective equipment is able to successfully settle a third party personal injury claim aside from a workers’ compensation claim, they may be able to obtain compensation for current and future medical expenses, loss of income, pain and suffering and if there is a permanent disability or disfigurement they could receive compensation for those losses as well. If a worker is killed due to a piece of defective machinery, their close loved ones may be able to file a wrongful death lawsuit.
If you have suffered a workplace injury from using defective or malfunctioning equipment, you are welcome to contact the Philadelphia workers’ compensation attorneys at Larry Pitt & Associates. We can help protect your rights to the compensation you deserve. We have multiple offices serving clients throughout Berks, Bucks, Chester, Delaware, Montgomery and Philadelphia Counties. Contact us online or call 888-748-8529.