Every job site makes safety a priority. At least, that is what they attempt to do. According to the latest numbers from the U.S. Bureau of Labor Statistics, job sites may be safer. Workplace injuries were down 3.1% in a single year.
That still meant 2.5 million injuries and illnesses were reported in that year.
Many workplace injuries are prevented by utilizing safety equipment. What happens if the safety equipment fails on the job?
If that happens and results in an injury, you have a few options for a remedy. You can file a workers’ compensation claim. That is a no-fault insurance program your employer pays that reimburses your medical expenses and a portion of your salary. Because it is a no-fault system, you wouldn’t cite the safety equipment failure.
However, you might be entitled to file a claim against a third-party entity or manufacturer if you can establish a direct link between the safety equipment failure and your injury.
To decide the best option, you should seek advice from an experienced Cherry Hill construction accident lawyer.
Common Types of Defective Workplace Safety Gear
The Occupational Safety and Health Administration (OSHA) is the federal agency that sets workplace safety standards across all industries. Many of those regulations include recommendations for safety equipment. Sadly, sometimes that equipment can fail.
Here are some common types of potentially defective workplace safety gear:
- Broken Harnesses and Lanyards: Many jobs require workers to scale heights. Whether that means climbing ladders or scaffolds, fall-protection elements like buckles that snap or lanyards that detach under load can cause fatal or catastrophic falls from those heights.
- Non-Compliant Helmets: One of the first and most basic OSHA rules is for hard hats. Anyone who steps onto a construction or industrial site must wear a hard hat. Hard hats that fail to meet ANSI Z89.1 impact standards or have microscopic cracks do not provide strong defense against falling objects.
- Faulty Eye and Face Protection: Safety glasses or welding shields made with brittle plastic can shatter upon impact. Loose frames can also slip, exposing eyes to debris or sparks.
- Worn or Substandard Gloves: Gloves made from low-grade materials tear easily. That means they fail to block chemical splashes, sharp edges, or electrical currents.
- Defective Respiratory Gear: Malfunctioning filters or poorly sealed masks allow toxic vapors, fumes, or hazardous dust into a worker’s respiratory system.
- Unsafe Footwear: Boots lacking proper puncture resistance, slip-resistant treads, or structural ankle support increase the risks of slip-and-fall accidents.
Workers’ Compensation Vs. Third-party Liability Claims
If you are injured on the job, you can seek compensation through a workers’ compensation claim or a third-party liability claim.
New Jersey law requires every employer with at least one employee to carry workers’ compensation insurance. This applies whether the worker is full-time, part-time, or seasonal.
Workers’ compensation is a no-fault system providing compensation for medical care and partial wage replacement through your employer. A third-party liability claim is a personal injury lawsuit filed against an outside party whose negligence caused your injury. A third-party claim provides compensation for full lost wages, medical costs, and pain and suffering.
Typically, you generally can’t sue your employer for a workplace injury if you are filing a workers’ compensation claim. The only exception is if your employer intentionally created an unsafe workplace.
You can sue outside entities, such as equipment makers, property owners, contractors, or other drivers.
You can file both claims at the same time. However, your workers’ comp insurer may place a lien on a third-party settlement to recover benefits it paid. This process is known as subrogation. Basically, it means that you can’t be paid twice for the same injury compensation.
Proving Negligence in a Safety Equipment Lawsuit
If you intend to pursue a claim based on defective safety equipment, you’ll need evidence to support it.
Physical Evidence
The most compelling evidence you can present is the defective piece of equipment itself. You can supplement that physical evidence with photos of the broken gear. You should also try to take photos and videos before anyone cleans up.
Records
Most job sites undergo inspections. Those inspections will generate maintenance logs and prior safety violation reports. There might also be a lack of safety training logs.
These reports can support a claim that negligence contributed to the lack of a safe workplace.
Witness Accounts
You may have witness accounts from coworkers who saw the equipment fail or warned management about the hazard. If those warnings were ignored, they can support your negligence claim.
Expert Testimony
You can support your claim with expert testimony from engineers or safety pros who can explain why the gear failed.
How a Personal Injury Attorney Can Help Your Case
Deciding the best path to follow and gathering all that supporting evidence can feel overwhelming. The good news is that you don’t have to do it alone. The attorneys at the Folkman Law Offices can provide the guidance you need to make an informed decision about the best way to pursue a workers’ compensation claim.
If we agree to work together, we can help you gather the relevant evidence you need to support your claim.
We can help you prepare your workers’ compensation claim and support you through an appeal process, if necessary. We also have the experience to help you pursue a third-party claim. That can involve direct negotiations with an insurance company or representing you in a civil lawsuit.
It’s a lot to think about, but the best approach is to schedule a consultation with our legal team to discuss your options and possible outcomes.
Call to schedule your consultation today.
