What if a Work Injury Is Caused by Poorly Maintained Equipment?

In most situations, a worker who suffers an injury at work or while working will file a workers’ compensation claim for the losses they have. The workers’ compensation claim covers your medical expenses and lost time at work to a certain degree. However, if your work injury was caused by poorly maintained equipment, you may have grounds for a lawsuit.

An Atlanta work injury lawyer can be of assistance. We have been helping hurt workers for more than 25 years. Contact us today to learn more.

Work Injuries Caused by Machines May Hold Multiple People at Fault

When considering how your accident occurred, it is critical to outline who is at fault. Specifically, you must consider the equipment or machines you were using and who is responsible for those items. Most of the time, an injury caused by equipment falls under workers’ compensation claims, but that may not be enough coverage to meet all of your needs.

Consider an example of factory equipment that is used at your place of employment. In situations where the employer is responsible for the upkeep and maintenance of the equipment, filing a workers’ compensation claim is generally the only option. The employer’s failure to maintain the equipment puts them at fault, and workers’ compensation should cover your losses.

If a third-party organization maintains the equipment and not your employer and does a poor job, that company could be responsible for your injuries. In these situations, you must prove that the company’s mistakes or lack of maintenance are what directly caused the injuries you have. Though that is not always easy to do, our attorneys can offer you more insight and guidance in pursuing this factor.

Determining What the Cause of the Injury Is

One of the first steps that your attorney will need to take is to prove what went wrong with the equipment that caused it to fail. This will provide insight into who is responsible for your injuries. Consider the following scenarios.

• The equipment was not maintained by the employer: If the employer is responsible for maintenance and fails to do so in the way expected, that liability often falls on the employer’s shoulders.
• The equipment was not maintained by a third party: In this situation, the third party may be responsible for the injuries you sustain if the damage was due directly to their failed maintenance.
• The equipment’s design was flawed: This caused maintenance concerns. The manufacturer could be held responsible if the equipment fails due to a bad design or defect.

Because numerous situations could play a role in your case, it is best to speak to an attorney right away to determine what your legal rights may be. In situations where we can show that someone else caused the injuries you have, it may be possible to pursue financial compensation for all of your losses. 

Though this process can be complex, our experience and dedication to our clients make a big difference, so be sure to read more about our work in the community.

When Improper Maintenance Is Used on the Equipment

Some defects in equipment functionality result from manufacturing errors or a lack of actual training by the employees using it. Other times, injury may occur because the wrong type of maintenance was completed. 

OSHA has very specific guidelines in place for various types of equipment that must be followed, including under 1910.212 – General Requirements for All Machines, which includes equipment such as:

• Shears
• Portable power tools
• Milling systems
• Power saws
• Jointers
• Guillotine cutters
• Forming rolls
• Power presses

In these situations, maintenance may have been done, but it may not have been done properly. In these situations, the party responsible for maintaining the equipment properly could be held responsible for your injuries. It will be up to your attorney to verify what was done, who failed in the process, and who allowed this to happen to you as a result.

Determining Fault in a Machine Accident

Determining who should cover the costs of your medical losses comes down to determining who had the responsibility to maintain the equipment and, as a result, failed to do so, putting you at risk. It is not simple to prove that the manufacturer or repair technician was responsible. Some examples of when that may be the case include:

• The design of the machine created a maintenance-specific risk
• The machine was installed improperly
• The manufacturer failed to provide effective strategies for maintaining the equipment
• The parts for the equipment were faulty
• The employer failed to follow up on maintenance tasks as required

If you are hurt as a result of an equipment failure of any type, you need the support of a personal injury attorney to guide you in taking legal action. In many situations, you may find this process overwhelming, and in some situations, it may even be difficult to navigate based on limited information or access to data. 

As a personal injury attorney with experience, you can count on our team at John Foy & Associates to guide you in determining who is responsible for the risks you are facing, and our prior results tell that story.

We Gather the Information and Evidence You Need

By working with our product liability and workers’ compensation attorneys, you gain an advocate who knows how to hold those who hurt you accountable for the losses incurred. 

We gather evidence from every location we can, including speaking to witnesses, looking at equipment logs, determining if maintenance was documented, speaking to those who completed the maintenance, and taking every other step. This allows our attorneys to determine who really is at fault for what happened to you.

Contact Our Work Injury Attorneys in Georgia to Discuss Your Case

At John Foy & Associates, you always have a voice and an advocate who is ready to fight for you so you can recover the damages you are owed. Set up a free, no-obligation consultation and case review to discuss your work injury with our team openly and comprehensively. 

When you want to know who is responsible for a work injury caused by poorly maintained equipment at your place of employment, contact our legal team for answers.