Workers’ Compensation Claims and Product Liability Claims

Workplace accidents can happen for many reasons. One common reason is that equipment or machinery malfunctions. These malfunctions can happen because the equipment wasn’t designed correctly, it wasn’t made correctly, it was installed incorrectly, or the instructions on how to use the machine were defective. Proper supervision may have been lacking. Employees who are injured using these defective machines often suffer severe and sometimes permanent injuries.

Fortunately, the workers’ compensation laws in Virginia and North Carolina allow the injured employee to recover 2/3 of their lost wages and necessary medical bills for treatment, medications, and medical devices without the need to prove why the equipment didn’t work. The key requirement is just to show that the employee used the equipment during workplace hours.

Employees and employers may have followed all of the safety rules. When equipment doesn’t work and an employee is injured, then the employee may also have a product liability claim against those responsible for the faulty product. Typical defendants include the designer, the manufacturer, and the sellers of the product. Often the injured person only has to prove that the machine malfunctioned and that the malfunction was the cause of the injuries. The burden is normally on the companies that placed the machine into the stream of commerce. This burden is shifting somewhat. Still, a good workers’ compensation lawyer won’t be satisfied with just getting workers’ compensation benefits if there is a good chance of proving a liability claim as well. The lawyer will work to bring a product liability claim against the companies that made or sold the equipment. These claims will include a request for pain and suffering and for payment of all unreimbursed wage loss and medical bills. The key in such cases is often making sure the evidence is preserved even before the lawyer gets involved.

Contact a Norfolk Personal Injury Lawyer for the Support You Need

Norfolk personal injury lawyer Joe Miller at Joe Miller Law, Ltd., knows that you don’t have to prove fault to get workers’ compensation benefits. He’ll work to show you were an employee, that an accident or an occupational illness is due to work, and that your injuries are related to the accident or illness. He’ll fight to get your share of lost wages, your medical benefits, and in appropriate cases, additional benefits because of permanent injury or unique situations. Discuss your unique situation with him in greater detail by contacting Joe Miller Law, Ltd., today at (888) 694-1671.