When you work in an industrial setting, you probably rely on several different types of equipment to do your job. Forklifts, backhoes, and all sorts of assembly-line equipment are part of your daily routine. But what happens when they turn out to be defective and end up causing catastrophic accidents and serious injuries? Every piece of machinery can fail or present a manufacturing defect. Learn what to do to hold manufacturers liable for your losses after being injured in a machine-related industrial accident.
What is a Products Liability Lawsuit?
A products liability lawsuit is a civil suit that seeks to recover compensation for losses suffered as a result of a faulty piece of machinery or product. The plaintiff of a products liability lawsuit must prove that the product was being operated under normal circumstances without any misuse or unsafe operational conditions and that it presented a serious defect that can be linked directly to the injuries sustained by the victim. This type of lawsuit can have many potential at-fault parties, from manufacturers to distributors and retailers. A proper investigation should be done to determine which party or parties may be liable for the accident.
Can I File a Product Liability Lawsuit While Receiving Workers’ Compensation Benefits?
You may file a product liability lawsuit while receiving worker’s compensation payments as long as the responsible party is a third-party such as a manufacturer, independent contractor, or retailer. In most cases, it is not possible to sue an employer unless you are able to prove beyond a reasonable doubt that the employer was mostly at fault for the machine defect (for example, the employer knowingly ignored protocols for safe operation, used inadequate aftermarket parts or did not perform necessary scheduled maintenance). Your product liability claim would be filed separately from your workers’ comp claim, and it can be a way for you to maximize the total amount you receive for your injury.
How Much Is My Defective Machinery Case Work?
The value of your claim is hard to determine without an in-depth assessment of your case, including the severity of your injuries and economic losses associated with it. It is also necessary to take into consideration how your injury affected you on an emotional or psychological level. Victims that suffered more serious injuries can expect to receive a higher dollar value for their claim, but each case is unique and results are not guaranteed. If you have been hurt by a defective machine at work, contact the attorneys at Gideon Asen LLC for a free consultation by calling (207) 206-8982. We help victims of industrial-related accidents in Maine, Vermont, and New Hampshire and look forward to speaking to you.