Who Is Responsible For Workplace Equipment Malfunctions?
Imagine you suffered from a workplace injury due to some damaged work equipment.
This is when you ask yourself if you can take action against an at-fault party while claiming workers’ compensation?
The truth is that injury cases due to workplace equipment damage are complicated to handle. A few factors ascertain how much the injured employee deserves to receive as benefits.
Understanding these factors helps you make the most out of your compensation claim, and this is where a Glendale workers’ compensation lawyer helps.
Determine Who Is and that At-Fault for the Equipment Damage that Caused the Accident
You can make someone liable for your injuries by determining who was responsible for the equipment malfunction that caused your accident. You can use these critical factors to identify who is at fault:
1. Cause of the Equipment Damage
First, find out the exact cause of the equipment malfunction.
For example, if wear and tear lead to equipment damage, maybe the one in charge of its maintenance is at fault. However, if the equipment was faulty from the start, then its manufacturer is to blame.
2. Equipment Operator
In some situations, the equipment itself may not have any technical problems. However, its operator may have made a mistake that leads to the equipment going out of control. In this case, the operator is liable for your injuries.
What If the Employer Is At Fault
Employers could also be liable for equipment malfunction accidents in certain situations:
1. Altering the Equipment’s Power Press
Manufacturers install power presses in their equipment to keep it safe while functioning. However, some companies alter their equipment power press to boost its efficiency.
You can sue your employer if their doing this caused the accident.
2. Fraudulent Concealment
Employers must take enough precautions to keep workers safe in the workplace. However, some employers purposely conceal particular equipment hazards or neglect the safety of their workers. You can take legal action against your employers If their negligence caused the accident and your injuries.
3. Intentional Harm with the Use of the Equipment
You could file a criminal case and a personal injury claim if your employer had intentionally harmed you through any means. It includes using company equipment to hurt you.
Considering the Workers’ Compensation Exclusive Remedy Rule
The Exclusive Remedy Rule is a special provision in the California workers’ comp law that protects the workers and employers.
The law states that employees must receive rightful workers’ comp when they sustain work-related injuries.
That is a no-fault rule, which means you don’t have to prove who is at fault to receive compensation. You only need to establish that your injury was work-related for this rule to apply.
However, the law also states that employees must first waive their rights to sue their employers, mainly if they provide enough compensation.
So, how can you sue your employer when they were at fault in an equipment malfunction accident that caused your injuries?
The points mentioned earlier and these additional points provide exceptional cases where you can sue your at-fault employer for your injury. You can sue your employer for:
- Altering the power press of equipment and reducing is safety
- Fraudulent concealment of workplace hazards
- Intentional harm to an employee
- Uninsured or underinsured for workers’ compensation insurance
- The dual capacity case where an employee is harmed in the workplace outside of work hours
If you think any of these exceptions apply in your situation, you can claim workers’ comp while filing a personal injury case. Just remember that it’s better to first talk with a Glendale workers’ compensation lawyer to review your case.
Hire a Workers’ Compensation Attorney in Glendale for the Best Actions to Take
Workplace injuries because of a piece of faulty equipment are complicated cases. You need a professional attorney to handle the issue and sue the liable party in court while maximizing your compensations.