Have you suffered an ongoing injury or are you in need of medical attention because of faulty equipment or machinery at the workplace?
Employees who work in a warehouse, construction site, or factory are often grateful for the speed and efficiency of equipment. Work is completed faster and easier with the assistance of these machines. In fact, many businesses and industries rely upon equipment to accomplish daily tasks.
However, equipment and machinery also adds complexity and risk of injury at the workplace. Under New Jersey’s workers’ compensation law, if an employee is injured due to equipment malfunction or defect, that employee is entitled to benefits.
Injuries from Faulty Equipment
Equipment can malfunction in different ways. The Law Office of Albert J. Talone has handled workers’ compensation claims that involve the following accidents:
- Employee comes in contact with sharp edges, moving machinery parts, or wiring;
- Employee is struck or collides with equipment or machinery;
- Employee becomes trapped or entangled with the moving parts of equipment; or
- Part or parts of the equipment become loose and eject from the rest of the machine.
Each of these unfortunate events involving equipment or machines can cause serious injury to employees. In many instances, the ramifications of contact, impact, or entanglement in a machine can lead to life changing injuries. The most common injuries from equipment malfunction include:
- scrapes, cuts, and lacerations
- head, eye, or ear injuries, and
- damage to nerves or tendons.
When equipment malfunctions or is defective, injuries usually require medical attention. Employees should not shake off or ignore burns, cuts, or head injuries resulting from inappropriate contact or impact with equipment, as more serious or lasting symptoms could develop.
Safe Work Environment Around Machines
The Occupational Health and Safety Administration (OSHA) provides specific standards for operation and use of equipment. To effectuate these standards, the agency employs a number of inspectors and imposes fines for a company’s failure to comply. This does not mean every machine and piece of equipment is up to OSHA’s standards, and employees should inspect equipment or machines before use.
Although it is not required under New Jersey workers’ compensation law, an employer should be notified anytime there is malfunction, defect, or misuse of equipment.
Taking Action for Your Injuries
Operation of equipment and machinery are clearly work-related activities, and most employees receive adequate compensation for medical costs from a workers’ compensation insurance provider. However, when equipment malfunction causes long-term or permanent disability, insurance companies often request inappropriate settlements from employees.
Speak with a New Jersey lawyer before signing any workers’ compensation settlement and know your rights to file a claim.
When accident or injury occurs in the workplace employees are often limited to recovery of workers’ compensation benefits. However, injury due to faulty equipment could be grounds for personal injury claim on the basis of product liability. To determine if you have grounds to file a personal injury claim, it is best to speak with a lawyer.
Workers’ Compensation Lawyer
Albert J. Talone has previously represented clients in workers’ compensation claims due to equipment malfunction. His experience with these injuries and the reactions by insurance providers could be helpful for your case. Call our office at (856)-234-4023 for a free, initial consultation.