Sustaining a faulty equipment injury in Westchester County can have a significant impact on your life, which is why you may need to pursue a lawsuit. In most cases involving injuries at work, you qualify for workers’ compensation. But you may also want to file a personal injury lawsuit, especially if you believe the accident could have been prevented.
When You Can Sue Beyond Workers’ Comp?
Generally speaking, it is impossible for employees to file a lawsuit against their employer, as workers’ compensation provides certain protections to them. These protections protect your employer and coworkers from civil lawsuits, even if they are at fault.
The only exceptions to this rule could include situations where your employer did not carry the legally required workers’ comp insurance or they intentionally caused your injury.
However, it is possible to file a workplace injury lawsuit if a third party is liable for your accident. Third parties can include a variety of individuals or companies, such as:
- Contractors
- Parts manufacturers
- Property owners
- Retailers
- Distributors
- Designers
Evidence Needed When Suing For Faulty Equipment Accidents
If you sustained a workplace injury from faulty equipment and this is the responsibility of a third party, you have every right to file a lawsuit. However, when you do this, you need to be able to provide substantial proof that clearly documents liability and the extent of your injuries.
The most important steps you need to take when preserving evidence are to report the accident to your employer and get medical care. The sooner you do these two things, the better. If possible, you should also try to take photos of the equipment and where the accident occurred and get information from any coworkers who may have witnessed the accident.
Your employer can also provide information about the equipment, such as warranties, the manufacturer, and service records.
Work With an Equipment Accident Lawyer in NY
If you are the victim of a work-related faulty equipment injury in Westchester County, you may be able to file a lawsuit. This can help you get the compensation you need to make a full recovery, especially if you have sustained long-term injuries.
Getting the help of an unsafe equipment accident lawyer in NY can help you better understand what your rights are and what steps to take next. An attorney can help you determine whether or not a personal lawsuit is possible, and if so, can help you file a strong claim proving liability.
If you need help filing a defective machinery workplace lawsuit in NY, contact us today at Gash & Associates, P.C., in New York at (914)-328-8800.
FAQ
Can I sue the equipment manufacturer?
Yes, if you can prove that the equipment the manufacturer provided was faulty.
What if my employer knew the equipment was defective?
Your employer would most likely still be protected by the terms of your workers’ comp benefits unless you can prove that they intentionally caused the accident.
Do I still qualify for workers’ comp?
In most cases, you can file a personal lawsuit and a workers’ comp claim at the same time since these claims will be directed at different parties.
