Workplace Injuries Caused by Defective or Failed Safety Equipment
Experienced workers’ compensation attorneys protecting the rights of injured workers throughout Delaware
Under the Occupational Safety and Health Act of 1970 (OSH Act), employers are responsible for providing a safe and healthy workplace for their employees. Under the U.S. Department of Labor, the Occupational Safety Health Administration (OSHA) has issued safety standards, laws and regulations with the intention of keeping workers safe while they do their job. Employers who do not comply with OSHA standards, and an employee suffers a work-related injury, the employer may face fines and other penalties for failing to keep their workplace free of recognized hazards.
At Silverman, McDonald & Friedman, we protect the rights of Delaware workers who have been injured in the workplace. We make sure that injured workers get the compensation they have worked so hard for, and we help them take legal action against any responsible, third party such as the manufacturer of a defective piece of safety equipment when their product caused the worker’s injuries.
Examples of defective workplace safety equipment
Despite the volumes of safety laws, rules and regulations governing workplace safety, people still suffer workplace injuries every year. Some jobs require safety equipment to protect workers from some of the inherent dangers of certain jobs, but sometimes there is an equipment insufficiency that can lead to an injury or even death. An equipment insufficiency can be the use of an inappropriate piece of equipment; equipment with malfunctioning safety devices, the lack of respiratory protection or protective clothing such as a helmet, gloves or apron.
There are many different types of safety equipment, and any of it could end up being defective:
- Personal protective equipment such as helmets, eye goggles and gloves should be maintained in good condition
- Hand and power tools should be maintained in safe working condition
- Scaffolds should be inspected for any visible defects prior to each shift to ensure its safety
- Broken or defective ladders should be taken out of service until they can be repaired or replaced
- Defective rigging equipment should be removed from service
Injuries caused by faulty safety equipment
Every day, workers sustain injuries on the job caused by defective, malfunctioning or improperly maintained safety equipment in violation of OSHA standards. Fortunately, workers’ compensation is a no-fault system so there is no need to prove that your employer was at fault in order to get your claim approved. If the safety equipment was indeed defective, you may be able to take legal action against the manufacturer and the distributor.
In the event of a workplace accident caused by defective safety equipment, the employee is required to inform their employer about the incident and then seek medical attention immediately.
In Delaware, workers can apply for workers’ compensation for their workplace injury while engaging the services of a knowledgeable personal injury attorney who can help them to pursue legal action against the manufacturer of the defective safety equipment. This third-party lawsuit would seek damages for the injuries caused by the defective equipment. Given that successful third-party settlements are often much higher than a workers’ compensation award, the employee would reimburse their employer’s workers’ compensation insurer and then keep the balance after legal fees.
The Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman have helped countless clients win the compensation they deserve. We do not give up until we have secured the best settlement on our clients’ behalf for their workplace injuries from defective safety equipment.
Trusted attorneys serving injured workers in Delaware every day
You can rely on the workers’ compensation lawyers of Silverman, McDonald & Friedman to make sure that our clients obtain the maximum amount of benefits available to them under the law. You can reach us toll-free at 302-888-2900 or by filling out our quick contact form today. From our offices in Wilmington, Seaford and New Castle we serve our clients throughout Delaware.