3. When an individual is employed at a construction company doing construction
work, this naturally exposes employees to a number of risks associated with their
work. It is because of this associated risk that makes safety in the workplace an
especially critical factor in the construction industry.
One article notes, “Whether it is building a downtown high-rise or putting an
addition on a suburban home, various equipment can be used such as cranes,
backhoes, forklifts, welding and mechanical cutting tools - but it also includes
more standard items like ladders and safety harnesses. When equipment used in
construction is defective, serious accidents can result and have disastrous effects
on the health and livelihood of injured workers.”
Because construction often involves different types of heavy and mechanized
equipment there is always a potential to cause a workplace injury. Whatever tool
or apparatus that is used in the construction industry if improperly used or used
without training can be a source of injury. As a result safety practices and regular
employee training are essential parts of any company’s work environment and
works at reducing some workplace accidents. That being said, no matter how
much training and safety practices an employee has workers can still be injured
as a result of the equipment itself being the cause of the injury.
4. It is not uncommon for equipment to be defective, this can include mechanized tools, vehicles or
equipment that have an ‘inherent flaw or design error’ that causes or contributes to an accident. In
other instances defective equipment can be incorrectly maintained equipment that a trained
employee is using properly but results in the injury of the employee. With most equipment there is a
recommended maintenance schedule that employers must comply with. In such cases where
injuries are caused by equipment it may be as a result of the equipment being used beyond its
recommended useful life; this in itself is considered improper maintenance. Therefore making it
unsafe for use by the employee.
A Crowson Law Group attorney advised that, “The first action an injured employee must take
should be that of getting all the necessary medical treatment and attention required as per his or
her injury. Generally, thereafter an injured worker will also file a workers’ compensation claim. In the
instances where the injury is as a result of a defective or improperly maintained workplace
equipment that employee may need to seek other remedies in order to get the treatment and
compensation that they are entitled to. This can be done by way of filing a personal injury claim.”
In cases where an individual is injured as a result of a defective or improperly maintained piece of
workplace equipment, the employee is able to file a personal injury lawsuit against the
manufacturer, retailer and distributor of the equipment. By filing a personal injury lawsuit against
such persons the individual is filing a third-party claim. However, it is of the utmost importance to
know the cause of the injury.
It must be noted that workers’ compensation benefits are limited in scope and length of time and in
cases where severe long-term injuries or permanent disability requires extended care and lost
wage replacement, such benefits may not cover the costs and treatment needed. As a result filing a
third-party personal injury claim allows the injured employee the compensation he or she
needs. For legal advice and representation by the best accident lawyers in Alaska contact a law
firm of renowned professionals.
5. About the company:
Crowson Law Group is a law firm of renowned professionals who focus
exclusively in personal injury matters. If you are searching for the best
vehicle accident injury lawyer, be sure that Crowson Law Group is on your
list.
Source: https://www.prfree.org/@crowsonlaw/workers-
compensation-defective-equipment-eqm38y4bakdy