Boston Defective Workplace Machinery & Equipment
Employees have the right to work in a safe workplace, and yet every year millions of people are hurt on the job across the United States because of Boston defective workplace machinery and equipment. After a workplace accident, many people are unsure of what to do, who to talk to, or who is responsible for their injuries. At The Law Office of Joseph Linnehan, Jr. we understand how difficult this situation can be and are here to help. Call the office or contact us today for a free consultation regarding your workplace injury case.
Defining Defective Workplace Machinery & Equipment
Employers are supposed to regularly inspect and maintain all machinery and equipment in the workplace, but when they fail to do so or an item is defective, serious accidents can occur. Defective machinery and equipment are generally identified as one of three categories:
- Design defect: a product intrinsically dangerous because of an error in its design
- Manufacturing defect: a mistake made during the item’s assembly or production
- Failure to warn: insufficient labeling, inadequate warnings, or subpar instructions
Virtually any piece of workplace machinery or equipment can be defective, and the most common question after an accident involving a defective workplace item is who is responsible for the harm inflicted on the employee?
Who is Liable?
In cases involving defective workplace machinery or equipment, the most common parties held liable for any damages are the employer or third-party manufacturers of the defective item. If the injury occurred to an employee while in the course of their work, the employer may be held responsible under Massachusetts workers’ compensation. As such, the employee is entitled to workers’ compensation benefits for their injury, which includes the following:
- All related medical expenses,
- Temporary total incapacity wage replacement,
- Temporary partial incapacity wage replacement,
- Permanent and total incapacity wage replacement,
- Vocational rehabilitation, and
- Compensation for any scarring or disfigurement
However, a worker injured by defective workplace machinery or equipment may also seek damages from the manufacturer of the defective product under a products liability claim. If the injury was caused by a design defect, manufacturing defect, or a failure to warn an injury victim can collect damages from the manufacturer of the item under strict liability. Similar to workers’ compensation, an injured victim does not need to prove negligence but only that the product was defective and caused harm. Compensation for product liability claims entitles an injury victim to economic and noneconomic damages, which include the following:
- Present and future medical expenses,
- Wage loss,
- Loss of future income and earning potential,
- Pain and suffering,
- Emotional distress,
- Disability and disfigurement, and
- Loss of enjoyment of life
An experienced injury attorney can help determine all liable parties in a workplace injury case and help get the compensation that you deserve.
Talk to Our Office Now
Have you or a loved one been injured on the job by a defective piece of workplace machinery or equipment? If so, the experienced lawyers at The Law Office of Joseph Linnehan, Jr. are here to help. Call or contact our office today to schedule a free consultation.