Defective & inherently unsafe tools can cause great injury. Let our attorneys explain product liability law & your legal options.
Working in different industries such as: oil drilling, construction, agriculture, manufacturing and home improvement comes with its challenges. Because of the nature of these jobs, workers are often working with, or very near to, potentially dangerous tools. Examples would be: power saws, drills, ladders, wenches, wood chippers, hoists, nail guns, welding equipment, and countless other tools & power tools.
Of course, the use of power tools is not limited to the workplace. At-home injuries due to manufacturer defects happen literally every day, and people are often unsure of what options are available to them after such an injury.
Construction workers are especially vulnerable.
Construction workers are particularly prone to getting injured on work sites, and this should be no surprise. The nature of the job as well as the work site can often cause (or contribute to) a serious personal injury accident. Power tools are often an integral part of performing such a job, and when a manufacturer puts out a faulty product, those who are injured have the right to sue the manufacturer under an area of law called product liability.
In most cases, tools used in these industries are large and require a lot of power. It thus follows that any injuries received as a result of a defective tool can be life-changing and catastrophic. It’s not uncommon to lose fingers, toes and even whole limbs when these body parts are exposed to defective equipment.
In addition to manufacturer defects, these kind of injuries can be attributed to a variety of negligent actions by the employer, such as:
- Buying low quality or counterfeit tools.
- Not providing workers with safety material such as boots, gloves and goggles.
- Not acting on complaints on worker safety.
- Not training workers on machine safety.
- Making halfhearted attempts at fixing defective tools.
- Removing safety stops around work areas.
How does workers’ compensation come into play?
Most workers are covered under a workers’ compensation plan which seeks to take care of one’s medical bills as well as partially reimburse them for certain lost wages. However, workers’ compensation usually only compensates you for a very small portion of your actual damages (losses), and if your employer does subscribe to state-run workers’ comp, you’re not allowed to file a personal injury lawsuit. This is a great deal for the employer, and a terrible deal for the employee.
In fact, because of the immunity that workers’ comp gives the employer, many employers will CLAIM to have workers’ compensation just so they can trick the victim into thinking he or she cannot sue. Because of this unscrupulous behavior, you need to check and verify your employer’s status with the Texas Department of Insurance. Call or email us, and we can check this for you.
It’s also common for claims to be denied due to unclear employment contracts. In Texas, independent contractors are given almost no rights. As such, employers will often hire on a worker as an “independent contractor,” but treat them like a regular employee. This misclassification can mean that your claim would be automatically denied, but a qualified and experienced attorney can prove your employment status so that you can get the compensation and justice that you deserve.
It is the responsibility of your employer to make sure that equipment is well taken care of at all times. This may include things like maintaining equipment as well as replacing any broken parts. Defective tools could be as a result of an employer cutting corners so he can keep his overhead costs down.
What to do right now.
You cannot wait any longer to get your case started. Each day that passes makes your case more and more difficult; evidence disappears, memories fade, etc. Your very next step needs to be to consult with a lawyer. Our lawyers offer free consultations and we will never charge you a dime unless we win your case. Please get in touch with us at 1-877-405-4313 or use the email form on this page to tell us about your case. Make the first step toward receiving the justice you deserve!
Speak With a Dallas Personal Injury Attorney For Free
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.