Every year, many workers face the harsh reality of defective equipment and faulty products at their workplaces. These issues range from simple machine parts malfunctioning to major industrial equipment breakdowns and can lead to serious work-related injuries that change lives.
Manufacturers, installers, and maintenance contractors have a legal duty to ensure all industrial equipment is safe to use. When a worker is injured due to unsafe design, lack of warnings, or defects, the worker has clear rights. Not only can they claim workers’ compensation benefits through their employer, but they may also seek additional damages from the party at fault, be it manufacturers or others.
Consequences of Defective Equipment
Defective equipment can result from poor manufacturing, insufficient quality checks, or low-quality materials. The challenge? Identifying who’s at fault: the manufacturer, distributor, or the material supplier? Victims often face a challenging path to obtain the compensation they deserve, but the experienced workplace injury lawyers at Gash & Associates can help.
Your Rights After a Work-Related Injury
If you are injured due to faulty equipment at work, you have the right to compensation. This covers not only medical bills but also lost earnings and other long-term impacts. If a product’s failure harms you, those responsible must address it.
Key Areas Gash & Associates Investigate:
- Integrity of Equipment Design: Is the equipment prone to failure due to a foundational design flaw?
- Manufacturing Adherence: Were there lapses in the equipment’s assembly process or a deviation from the design?
- Clarity of Risk Warnings: Did the responsible parties adequately communicate potential hazards?
- Commitment to Regular Maintenance: Were there any oversights in upkeep, resulting in malfunctioning equipment on-site?
These inquiries help identify the liable parties and determine the appropriate compensation for the workers.
The Rights of NY Workers
- Labor Law 200: Requires owners and contractors to ensure workplaces are safe. Workplaces must be arranged and equipped to protect both employees and visitors. Any violation causing injury could lead to legal action against the employer.
- Labor Law 240: Also known as the “Scaffold Law,” it mandates safety measures for scaffolding above 20 feet. Workers can pursue legal action if injured by falls or falling objects. Even if safety equipment is provided, contractors may be liable if workers aren’t trained or not made to wear it consistently.
- Labor Law 241: Specifies safety measures for construction, demolition, and excavation. This includes protections against falls and cave-ins, like ensuring building openings have protective planking. The law also guides on-site arrangement and safety equipment provisions.
Navigating these intricate laws and rights requires seasoned expertise. With Gash & Associates, P.C., you’re not just hiring a lawyer; you’re partnering with an advocate in your quest for justice and compensation.
Navigating the Claims Process with Gash & Associates
Injuries due to defective equipment can be life-altering, but understanding your rights and seeking legal help can ensure you receive the justice you deserve. At Gash & Associates, P.C., our motto is simple: “Your Justice is Our Passion — Serious representation by exceptional attorneys leading to serious results.”
If a faulty product injury has impacted you or a loved one, we’re here to help. Reach out to us at (914) 328-8800 for a personalized consultation. Your road to justice begins with a single call.