Failure to WarnWorkplace Injuries from Failure to Warn

Delaware workers’ compensation attorneys safeguarding the interests of injured workers in New Castle, Wilmington and Seaford

Whether you love you job or not, you show up every day and do your job to the best of your ability. For their part, your employer has a responsibility to make sure that the work environment is safe, and where unavoidable hazards exist, they have a responsibility to warn employees of the dangers and make provisions for employees to protect themselves from getting injured in the course of doing their job. If you should suffer an injury during the course of doing your job, the Delaware workers’ compensation system will pay for medical expenses, and it replaces a portion of the income you lose when you must miss work due to the injury.

At the law firm of Silverman, McDonald & Friedman, we have more than 100 years of combined experience protecting the rights of injured workers. If any kind of dispute should arise with your employer’s insurance company or with the Delaware Workers’ Compensation Commission, we will be your advocate and make sure that you receive fair treatment.

Failure to warn against machine or equipment hazards

Workers in some industries such as construction and manufacturing work with tools, machinery and equipment to do their jobs every day. The manufacturers of those tools is liable if there are any defects in their products that cause injury. When a product is inherently dangerous to use, the manufacturer has a duty to warn users of the risks. There should be posted warning signs about the need to wear safety goggles when using a machine such as a table saw, or wearing a hard hat or safety gloves or a safety belt.

While employees who are injured on the job can take advantage of workers’ compensation benefits, this is not their only option for compensation when they have been injured by a defective product that failed to warn the user of the hazards of using it. An injured worker could file a third party lawsuit against the manufacturer, and other entities within the chain of commerce. The lawsuit for failure to warn of the risks of using a product would be a products liability lawsuit. There are three different types of products liability lawsuit:

  1. Manufacturing defect
  2. Design defect
  3. Failure to warn

If a product is inherently dangerous to use, the manufacturer has a duty to make sure that the end user has been sufficiently warned about the foreseeable risks associated with using the equipment or machinery. If the manufacturer fails to warn the end user about the risks of using the product and the user suffers an injury they may be able to file a products liability lawsuit.

Employers’ responsibility to provide a safe work environment

The Office of Safety and Health Administration has mandated that employers must do the following with regard to providing a safe workplace for their employees:

  • Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.
  • Examine workplace conditions to make sure they conform to applicable OSHA standards.
  • Make sure employees have and use safe tools and equipment and properly maintain this equipment.
  • Use color codes, posters, labels or signs to warn employees of potential hazards.
  • Establish or update operating procedures and communicate them so that employees follow safety and health requirements.
  • Employers must provide safety training in a language and vocabulary workers can understand.

If you have been injured on the job by a manufacturer’s failure to warn of the dangers of using a product, or from using a defective products, the Delaware workers’ compensation attorneys at Silverman, McDonald & Friedman can help you get your benefits, and then they can also file a third party lawsuit against the product manufacturer. We make sure that the manufacturer of the faulty equipment is held accountable for your injuries. When you prevail in a products liability lawsuit, you may likely receive far more than what you could get from workers’ compensation for your injury. You would have to pay back your employer’s insurer for the money they paid for your workers’ compensation claim and then you would keep whatever is left. Our Delaware attorneys work on a contingency fee basis, so you do not have to pay attorney fees until we win compensation for you.

Contact an experienced Delaware workers’ compensation lawyer today for a free consultation

The knowledgeable Delaware workers’ compensation attorneys at the law firm of Silverman, McDonald & Friedman are here to protect your rights to all of the compensation you have earned when you have been injured in a workplace accident. You are welcome to call us at 302-888-2900 or fill out our quick contact form to schedule a free consultation to discuss your case today. We are proud to serve all of Delaware from our offices in Seaford, Wilmington and New Castle.