If you are injured at work, typically you receive benefits and compensation through your employer’s worker’s compensation insurance. However, at times, you may have an additional claim, particularly if you work on a machine or at a construction site. In these cases, your employer or another entity may attempt to dissuade you from bringing a further cause of action and may allege that you were injured due to your own behavior. In such situations, it is important to know that often times, your injury is not your fault.
If you are injured while working on some sort of machine, you may have a case against the manufacturer, designer, retailer, or installer of that machine. Under well-established law, a defendant cannot shift blame to a plaintiff who is injured while working on a machine in the course of his or her employment. This means that if you are performing the task you are assigned to do, it is very difficult for anyone to allege that your behavior resulted in your injuries. Therefore, even if the means and manner of the operation of the machine does not necessarily comply with the proper mode of operation, you can still bring a claim under a theory of products liability.
If you are injured at work, it is important to know your rights. Too many times people fail to bring a claim because they are erroneously informed that their behavior caused their accident and they are not entitled to compensation beyond worker’s compensation. This is simply not the case. Be sure to always practice safe procedures at the work place. But should something happen, it is important to be informed about your rights and the ability to receive compensation from a manufacturer, designer, retailer, or installer.
Do you know someone who may be involved in a similar scenario? Share this post with them through social media, email or sending them the link via text message. Do not let your loved ones proceed without knowing the proper information.