If you must use dangerous equipment at work, the least you can expect is that they work properly. If you’re hurt by defective machinery, you be entitled to file a workers’ comp claim and a personal injury claim against the manufacturer.
The best way to know for sure is to talk to an experienced Orlando workers comp lawyer.
Certain Workers Are At a Much Higher Risk of Getting Hurt on the Job
Depending on the kind of work you do, you may be at a much higher risk of getting hurt on the job. For example, construction workers are required to use heavy equipment every day.
If something happens and the equipment malfunctions, the results can be devastating. When this happens, you won’t be relegated to filing a workers compensation claim.
Instead, your Orlando workers comp lawyer may be able to file legal action on your behalf.
If you’ve ever worked in construction, then you know how dangerous it can be. Many of the clients our workers comp attorneys in Orlando work in the construction industry. Unlike a lot of other workers, the injuries they suffer tend to be life-threatening.
Construction workers are required to work with heavy machinery on a daily basis. If this machinery isn’t working properly, the workers can get hurt or even get killed. Our Orlando workers comp lawyers have seen this first-hand.
Just like construction workers, many factory workers also put their safety at risk. Depending on the type of factory you work in, there’s a good chance you have to work with dangerous equipment.
Most of the time, companies hire third parties to repair and inspect this equipment. If they don’t do their job properly, people get hurt. The important thing is whether your Orlando workers comp lawyer can prove it.
Make Sure You Report Your Injury to Your Manager or Human Resources Immediately
If you want to protect your legal rights, then you need to report your injuries immediately. Our Orlando workers comp lawyers have seen all sorts of things go wrong when employees don’t report their accidents right away.
For example, imagine that you get hurt at work on a Wednesday. The next day, your back hurts so bad, you call out of work. When you return on Friday, you notice that the machine that injured you has been fixed.
When you attempt to report your injury to Human Resources, they tell you that you must be mistaken. They will inform you that there is nothing wrong with the machine and that it was just inspected the day before.
Try to Take Pictures of the Equipment As Soon as Possible After Your Injury
One thing our Orlando workers comp lawyers tell our clients is that it’s a good idea to document your injuries as best you can.
For example, if you notice that the machine that injured your knee hasn’t been calibrated in over five years, take a picture.
The more evidence you can get at the time of your injury, the better. Of course, it’s not as if people can predict when they may suffer a workplace injury. However, it’s better to know how to react in this kind of situation.
Make a Note of the Maintenance Records Attached to the Equipment
If possible, you should try to make a copy of the maintenance records in the department where you work. There is always the chance that your employer will bury these documents and try to hide them from your Orlando workers comp lawyer.
If you can get a copy of them first, your lawyer will be able to use this evidence to prove fault. It may even help prove that your employer was negligent. If that’s the case, you may be able to name more than one party in your lawsuit.
Your Orlando Workers Comp Lawyer Can Help You File Your Claim
If you aren’t sure if you have a legal claim against a third party, that’s okay. Your workers comp attorney in Orlando can help you file your workers compensation claim first.
If you later learn that the machine was defective, or that your employer was negligent, that’s okay. Your Orlando workers comp lawyer can always file legal action after the fact.
Your Orlando Workers Comp Lawyer Will Have to Prove the Machinery Was Defective
Of course, in order to collect damages, your Orlando workers comp lawyer must prove the defect. To do this, they’ll need to gather evidence. For example, if other employees have complained about the equipment before, that can help your case.
The same is true if your workers comp attorney in Orlando can prove deception. If there are duplicate maintenance records or any other attempt at a cover-up, it will also help your case.
Was Your Employer Aware of the Problems with the Equipment?
If you can prove that your employer was aware of the machine’s defect, it’s important. This means that your workers comp attorney in Orlando may be able to name your employer in your lawsuit as well.
Have Other Employees Complained About the Equipment Not Working Properly?
One thing your lawyer will do is look to see if other employees have complained before. In many of the cases our Orlando workers comp lawyers handle, our client isn’t the first person hurt by using faulty equipment.
Your Orlando Workers Comp Lawyer Will Check to See if Other Employees Were Hurt as Well
It will also help prove fault if other employees have been hurt using the same equipment. Even if it was months prior to your accident, it’s still important. For all you know, your employer may have known the equipment wasn’t working properly for over a year.
Call Our Office and Schedule Your Free, Initial Consultation Today
If you were hurt at work while using faulty equipment, you should talk to a seasoned workers comp attorney in Orlando right away. There’s a chance that you may have to take legal action.
Usually, our clients apply for workers compensation benefits. They don’t have standing to sue their employer. However, if a third party is responsible for your injuries, you have rights.
We offer all new clients a free, initial consultation. This gives you a chance to sit down with a seasoned Orlando workers comp lawyer free of charge. It also gives our firm the chance to decide if your case has merit.