Being injured by faulty equipment while working can lead to severe physical, financial, and emotional consequences. If you were injured by faulty machinery while working in Colorado, knowing the steps to take to protect yourself and your rights is essential. Knowledge is power, and the correct information can help you secure the compensation you deserve if you decide to file a product liability claim. If you’ve been in an equipment accident, keep reading. This blog post will explore the actions to take, like seeking medical attention, reporting evidence, and seeking legal counsel from experienced attorneys like the ones at Gerash Steiner Blanton, P.C.
What Immediate Steps Should I Take After Being Injured by Equipment While Working?
Seek Medical Attention
Injuries caused by machinery can be complex, and early medical intervention can be crucial for your recovery. Moreover, even if the injury seems minor, some injuries are not readily apparent, which means delaying treatment could worsen your condition. After your medical appointment, adhere to your healthcare provider’s treatment plan, attend all follow-up appointments, and keep records of all visits and treatments related to your injury.
Report the Incident
It is essential to report the equipment malfunction and resulting injury to your employer as soon as possible. Providing your employer with written notice creates an official record of the incident if you file a workers’ comp claim and will support your case if you file a product liability claim. Make sure your report includes detailed information about the incident, such as the date, time, location, a description of what happened, and any information you have about the equipment that injured you.
Preserve Evidence
If possible, take photographs of the accident scene, the equipment involved, and your injuries. Collect contact information from any witnesses who saw the incident occur. Additionally, keep any relevant documentation, such as accident reports, medical records, any records you have regarding the equipment’s purchase and maintenance, and correspondence with your employer and their insurance company. Documenting as much as possible is essential, as it will serve as crucial evidence if you file a product liability claim.
Understand Product Liability Claims
A product liability claim allows you to seek additional compensation beyond what you would receive through workers’ compensation. These claims target the designer, manufacturer, distributor, or seller of the faulty equipment. Product liability claims can arise from design defects, manufacturing errors, or inadequate warnings and can sometimes involve multiple defendants. However, navigating product liability claims can be complex, as they involve establishing that the equipment was defective and directly caused your injury. Thus, consulting an experienced products liability attorney at a firm like Gerash Steiner Blanton, P.C. is essential.
It’s important to note, if a smaller product is involved, it will sometimes be discarded, and that can pose an insurmountable hurdle to a product claim. So, it is important to preserve the product, even if the product is broken and no longer usable.
What Are My Legal Options If I Am Injured by Equipment at Work?
With limited exception, Colorado employers must carry workers’ compensation insurance, which benefits employees injured on the job. Workers’ compensation benefits may include medical treatment, temporary disability benefits, permanent disability benefits, and vocational rehabilitation. However, if faulty machinery caused your injury, you may also have a right to file a product liability lawsuit against the equipment’s designer, manufacturer, distributor, or seller for potential design or manufacturing defects or for failure to warn. With a product liability claim, you can seek compensation for all losses resulting from your injury, including things like:
- Lost wages,
- Medical expenses,
- Pain and suffering, and
- Lost enjoyment of life.
An experienced attorney at Gerash Steiner Blanton, P.C. can review your case details, help you determine who to hold liable for your injury, and advise you on the best course of action.
Gerash Steiner Blanton, P.C. Fights for Justice
Were you injured by faulty equipment at your job? Gerash Steiner Blanton, P.C., is dedicated to providing each client individual attention and personalized legal representation. We are not a volume firm. With over 75 years of combined experience, we prioritize quality over quantity, ensuring that each case receives the individual attention it deserves.
Our team understands the physical, emotional, and financial toll that injuries caused by defective products can take, and we’re committed to advocating for our clients’ rights. In fact, Attorney Eric Steiner, M.D., is a former cardiac anesthesiologist and, as part of our team, can provide profound insights into your case’s medical aspects, allowing us to evaluate and present your injuries accurately and compellingly. From handling intricate paperwork to representing you in front of insurance companies and court, we manage every aspect of your case so you can focus on your recovery. Don’t wait—reach out to us today for a free consultation, and let us help you navigate the path to justice and recovery.