How Does Faulty Equipment Impact Workers’ Compensation Claims?

The good news is that in South Carolina, workers’ compensation will pay for traumatic and occupational work injuries: Traumatic work injuries are defined as a one-time accident at work (for example, a broken arm resulting from a fall, etc.), while occupational injuries include illnesses because of performing their actual work-related duties.

Also, If you are hurt by faulty or improperly maintained equipment at work, you are entitled to compensation for all costs you incur to bring yourself back to your complete health and possibly more.

However, the real question is; will workers comp cover all the costs you and your family need to survive and pay for your full recovery financially?

Many factors may affect your worker’s comp claim; some of them are:

• The compensation you need to receive – Your wages and corresponding compensation rate from workers’ compensation are two of the most vital factors in determining your compensation from workers comp.
• The type and severity of your injury – The more severe your injuries are, the higher the value they are assigned by workers comp. Also, any injuries that preclude you from returning to your previous profession are typically valued the highest.
• The prognosis for future medical issues – As an example, if you injure your back, it’s foreseeable that you may have additional injuries to your hips and knees later in your life. So, if you require future treatment, your claim value will rise.

Sadly, it’s common for workers to get hurt by faulty equipment. This equipment could range from heavy machinery to everyday used items, such as:

• Ladders, scissor lifts, and boom lifts.
• Forklifts and industrial vehicles.
• Backhoes and tractors
• Cranes, scaffolding, and more.

For many, even though you can receive workers comp, this may be the only compensation available when you’re hurt and recovering from a faulty workplace equipment injury. However, the amount you receive may not be enough to cover all your costs!

However, with the help of your experienced, knowledgeable, and aggressive Greenville workers comp law team, you may have a claim against the owner or manufacturer of the faulty equipment that caused your accident, as outlined in South Carolina Code Section 15-73-10.

For example, much of the equipment companies use today is rented. This may be “cost-effective,” but it can also be dangerous. Your law team will investigate the situation thoroughly. If proper maintenance was not done on the equipment, you might have a right to pursue the rental company for significant compensation due to negligence.

I’VE BEEN INJURED BY FAULTY EQUIPMENT AT WORK; COULD THIS AFFECT MY COMPENSATION?

Although you are due workers comp and commonly will receive it, regretfully, the amount you receive is only sometimes enough to make you financially whole. So, if you’ve been injured by malfunctioning, improperly maintained, or poorly designed equipment, you may have a claim against the manufacturer or source of the equipment.

Heavy machinery and other types of equipment all require regular maintenance so they function safely. If your company or a rental company fails to provide preventative maintenance, your experienced workers’ comp lawyer may sue for additional damages.

Even if the equipment had been properly maintained, the equipment could have been defectively designed or poorly manufactured in the first place. This could entitle you to file a product liability claim against the company that designed and built the equipment and the company that sold or leased it.

Although this can be enormously advantageous to you, and your family, these cases are legally challenging and complex, and the advice, guidance, and tireless work of your worker’s comp lawyer will be invaluable to its success.

HOW MAY MY LAWYER MANAGE MY WORKERS COMP AND FAULTY EQUIPMENT CASE?

Your local workers’ comp law team may, most likely, have two cases to file and work to obtain the compensation you need and deserve. One would be your workers’ comp case, which usually is more straightforward, and a bit less challenging to resolve.

If your case involves faulty, defective, or improperly maintained equipment, it will be much more challenging to prove it and win. Although, when done with expertise, knowledge, and aggressive litigation, you could get significantly more compensation added to your worker’s comp amount.

In the case of a defective product, there are commonly three types of defects that pertain to your case, they are:

• A Manufacturing Defect  – This is the most basic type of product liability claim and means that the product had a defect, flaw, or irregularity in its manufacturing.
• Design Defects – All design defect claims focus on whether the product was unreasonably dangerous in how it was designed. Proving this is arduous, and using expert witnesses and more may come into play.
• Failure to Warn – A failure to warn claim is based on the fact that the product failed to warn you of a possible hazard or that the warning was inadequate.

This is a simplistic overview of how your lawyer might attack the manufacturer and obtain the compensation you need to recover and thrive fully.

IS TIME A FACTOR THAT MAY AFFECT MY WORKERS COMP CASE IN S. CAROLINA?

The simple answer is yes, it most certainly is!

You’ve been hurt at work and are most likely entitled to workers’ compensation benefits to prevent you from suffering financial hardships. However, the [process of applying for workers’ compensation in South Carolina has specific deadlines that must be met; and if faulty equipment is involved, you need to act immediately. If you don’t meet these deadlines, you may risk losing benefits.

However, your health is the priority, so get medical treatment promptly. Also, getting immediate and documented medical care will help obtain a positive outcome for your claim.
Sometimes, even if your injury seems minor, negative symptoms manifest weeks or months after your accident. However, you only have 90 days to inform your employer of your injury, or you could lose your rights to workers’ comp.

You should tell your employer as soon as you are injured and start the claims process immediately.

But after you’re hurt, you may feel overwhelmed by the entire process, so make sure you don’t go through it alone. As soon as possible, get a complete case evaluation from your Greenville workers comp lawyer, and they will professionally and diligently manage your case from that point on.

I’VE BEEN INJURED DUE TO FAULTY EQUIPMENT IN S. CAROLINA; WHAT SHOULD I DO?

First and foremost, don’t underestimate the severity of any injury you receive doing your job. Often, faulty equipment, poor maintenance, and just plain negligence on your employer’s part can cause irreparable harm.

The worker’s comp lawyers at the Eller Frye Law Firm have successfully and empathetically helped myriad workers in Greenville obtain the compensation they need and deserve. They are skilled, professional, and adept at legally guiding you through the S. Carolina workers comp process, especially if faulty equipment is involved.

Call them today at (864) 686-4827 and get the professional help you must have to ensure a bright future for you and your family.