Any time you are injured by a defective product or workplace machinery, it’s a good idea to talk to an attorney. These cases have added layers of complexity and different parties could be involved based on the specific circumstances.
For example, if you were using a saw that doesn’t have the proper guard, your hand could get sucked into the saw. In that case, you might have a third-party case against the manufacturer of that saw if there was supposed to be a guard.
In other cases, the machine has the required guards but your employer, for one reason or another, took it off or didn’t maintain the tool properly.
Learn more about how to determine the cause of your defective machinery injury and your options for receiving compensation for your injuries after you’ve suffered an injury on the job from defective machinery.
Third-party Product Liability Cases
Third-party product liability cases can be against the product’s distributor, manufacturer, or retailer depending on what aspect of the product caused your injuries.
The liability could even be from a manufacturer of one part of the product and not the main product manufacturer. Getting to the bottom of a third-party product liability case can be challenging because of all the parties involved in the supply chain of a product.
Product liability claims can be due to a variety of defects.
- Design defects: these could be inherent design flaws that cause the product to not match the purpose it is designed to serve. The product might be unreasonably dangerous due to a design flaw.
- Manufacturing defects: during the manufacturing process, there is a defect that occurs during the construction or production of the product.
- Marketing defects: failure to provide clear instructions or warn consumers of the risks of using the product can qualify as a marketing defect.
Workers’ Compensation Claims
Sometimes, a workplace injury is not anyone’s fault. In that case, a defective machinery injury might simply be a classic workers’ compensation claim.
You’ll follow the process the Virginia Workers’ Compensation Commission outlines for filing a claim, including filing a notice of injury with your employer within 30 days of the accident.
If you have a workers’ compensation claim, you can get coverage for the following:
- Medical bills
- Mileage to and from appointments
- Prescriptions or medical devices required for your medical treatment
- Temporary disability benefits up to 2/3 of your regular wages based on the 52 weeks before injury beginning on day eight of your injury.
- Permanent partial disability benefits
- Death benefits of up to $10,000 for burial expenses, reasonable transportation expenses up to $1,000, and compensation for dependents.
The Difference Between Workers’ Compensation Claims and Traditional Personal Injury Cases
Workers’ compensation claims will require more timeliness than a traditional personal injury case due to a defective product. That’s because you’ll need to meet Virginia’s notification processes for your claim.
In both cases, you should document the scene as best you can and collect witness statements or contact information for witnesses present. This will help you work with your attorney to prove your case and receive the compensation that the insurance company owes you.
Another key difference between a workers’ compensation case and a personal injury case is that a personal injury case allows you to pursue financial damages for pain and suffering. And you can pursue full wage compensation against the at-fault party.
Ultimately, your attorney will advise you as to who is responsible for your injury and the recourse actions you should take to protect your personal finances. Schedule a free consultation with Geoff McDonald & Associates now to begin working toward financial restitution for your injury.