It is often not easy to sue an employer for a work injury since workers’ compensation provides an alternative form of recovery of damages. However, it may be possible to hold a manufacturer accountable for a work injury if you can show that the manufacturer was responsible for the injuries.
Our Atlanta work injury lawyer will work closely with you to evaluate the opportunity to seek compensation after your work injury.
When You Can Hold a Manufacturer Accountable for a Work Injury
A work injury happens while you are working or engaging in the process of work tasks. In many situations, you cannot sue your employer for negligence. In situations such as the following, you may be able to sue the manufacturer for the components that failed and caused your injuries.
- Construction vehicle failures
- Power tools that fail
- Food service equipment that breaks down
- Fire or respiratory equipment failures
- Safety equipment failures
- Machinery failures, such as in a factory
In addition to this, you may be able to file a claim against the manufacturer if you can show that they used toxic substances that caused your illness or injury.
The key to this process is demonstrating negligence on the part of the manufacturer, not necessarily the employer. When you work with John Foy & Associates, we will explore the legal options that may apply to your situation. You can find more information in our FAQs section.
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How to Prove a Manufacturer Is Responsible for Your Injuries
To hold the manufacturer responsible for your work injuries, you must prove they were negligent in your situation, which your attorney will help do after gathering a significant amount of information and details about your accident, witness statements, and other data. Looking at cases like yours that other people may have suffered, including those with similar injuries, may help with this process. To prove negligence, you must meet four requirements:
- The manufacturer owed you a duty of care. In selling a product used for the tasks you were using it for, that may apply.
- The manufacturer violated that duty of care. That could be in the creation of an unsafe product or in failing to warn.
- The violation of the duty of care is what caused the accident you suffered.
- The accident you suffered caused injuries and other damages to you.
As your attorney, we will work to determine why the incident occurred, including whether there was a product defect in the design or manufacturing that led to the incident. Meet with our legal team to discuss your case thoroughly, and let us determine if the manufacturer may be responsible. To learn more, contact our legal team for a free, no-obligation consultation.
Why You Cannot Sue Your Employer in Georgia
In Georgia, an employer may be required to purchase workers’ compensation insurance, a specific type of insurance that protects workers who are hurt on the job. The Georgia workers’ compensation system prevents most situations in which an employee sues their employer for workplace injuries.
Instead, you must apply for compensation through the workers’ compensation claim process, which will cover your lost wages and medical expenses in qualified cases.
In addition, the employer information for Georgia workers’ compensation laws do not allow employees to pursue claims for pain and suffering. It is only possible to obtain those damages if you pursue a personal injury claim for your losses. This can be very limiting to victims in serious accident cases.
As a personal injury attorney in Georgia, our legal team will evaluate your system comprehensively to determine your losses and opportunities. We encourage you not to wait to find out if you have a case. Call our legal team now to set up a consultation to discuss your rights.
Other Parties Could Be Responsible for Your Injuries as Well
As your personal injury attorney, our objective is always to pursue all parties that are responsible for your injuries to maximize your claim and compensation. To achieve that, we look at the situation exhaustively. Some of the other parties that may be responsible include the following:
- Someone else who caused the accident: If another person failed in their duty to you and that caused the accident, they may be responsible for your losses.
- Property owners or landowners: In situations where you may be working on another person’s job site and that party causes the accident, they could be held responsible for your injuries.
- Equipment suppliers: In situations where the equipment supplier failed in some way, that could be a reason to hold them responsible. For example, if the supplier did not install the equipment property or failed to keep the equipment in good condition before selling it to your employer, they may be held responsible for the injuries.
- Maintenance teams: If a third-party company that maintains the equipment fails to do so, you may be able to hold them accountable.
- Coworkers: In situations where your injury is related to assault or other acts from a coworker, it may be possible to seek legal action against that party.
Each situation is vastly different, but with the help of our experienced personal injury attorney, it may be possible to pursue any party that may hold some level of responsibility in your case.
With our passion for helping victims recover the damages they are owed, you can expect our attorneys to fight for you no matter what legal strategies may be available. In many situations, we can offer insight into your rights when you give us a call for a free consultation and read our client testimonials.
Put Our Workers’ Compensation Attorney to Work for You
If you are hurt on the job and have serious injuries and losses, allow our Atlanta work injury lawyer at John Foy & Associates to fight for your rights to compensation.
Set up a free case evaluation with us to determine what your rights may be. We can help you hold a manufacturer accountable for your work injuries if we can demonstrate they are responsible.
404-400-4000 or complete a Free Case Evaluation form