Maison Law helps workers in Los Angeles through the claims process when they file for workers’ compensation. While there’s many different jobs and workplaces in the city, any one of them can have defective equipment that leaves you injured. When this happens, you have options through workers’ comp and our team can guide you. Contact us today for a free consultation.
Why Would You Need a Lawyer?
Workplace injuries from defective equipment can happen to anyone, no matter what your job is. California’s workers’ compensation system is there to protect you, but it can be tough to go through alone. That’s where we come in. Our lawyers can help you with the following steps:
- Getting your medical bills, lost wages, and rehab costs covered.
- Filing claims if unsafe working conditions caused your injury.
- Accessing further benefits if your injury leaves you temporarily or permanently disabled.
Workers’ comp rules can be confusing, and every case is different. We’ll make the process easier for you and work to protect your rights every step of the way.
What Do You Need to Do After a Defective Equipment Injury?
It’s incredibly frustrating when you’re injured by a piece of defective equipment at work. Whether it’s a malfunctioning machine, broken tools, or safety equipment that fails, taking the right steps is crucial to set up your workers’ comp claim:
- Get medical care right away – See a doctor as soon as you can to treat your injuries and get medical records to tie it to the defective equipment. This will be important for your workers’ comp claim.
- Report the injury to your employer – Let your employer know about the incident as soon as it happens. Reporting it quickly helps start the claims process. Also, make sure they give you first aid and officially document what happened.
- Write down what happened – Note the date, time, and location of the accident. Describe how the equipment failed, what went wrong, and how it caused your injury.
- Talk to safety experts – Speak with workplace safety professionals or equipment specialists. They can confirm that defective equipment caused the accident, which helps prove your case.
- Document the equipment and scene – Take photos of the faulty equipment, the accident scene, and any injuries. If possible, keep the equipment or your safety gear to show you followed the rules.
- Get witness statements – Ask coworkers or supervisors who saw what happened to provide statements. Their accounts can back up your claim and show the equipment was faulty.
No matter what the equipment is, faulty equipment can be pretty dangerous. One of the major benefits of workers’ comp is that you don’t actually have to prove anything. Still, taking these actions will help build a solid foundation for your claim.
How Can You Get Injured By Defective Equipment?
It’s not surprising that defective equipment leads to injuries, but there’s actually a wide variety of different situations and ways that you can get hurt. A stark example is something like a broken ladder or a malfunctioning saw, but there’s also lesser known or expected things like faulty wiring. Regardless, defective equipment typically causes injuries in the following scenarios:
- Broken machines – Machines stop working, jam, or break, causing crushing injuries, amputations, or falls.
- Electrical problems – Faulty wiring can cause shocks, burns, or fires.
- Weak or broken structures – Ladders, scaffolds, or tools can collapse or break, causing falls or injuries.
- Explosions or pressure failures – Defective boilers, pipes, or compressors can explode or leak, leading to burns or injuries.
- Faulty tools – Power tools or hand tools can break or misfire, causing cuts, punctures, or fractures.
- Chemical leaks – Defective equipment can leak chemicals, causing burns, poisoning, or breathing problems.
- Safety system failures – Emergency stops or sensors may fail, making accidents worse.
Again, you don’t need to actually prove that your employer or the equipment maker was negligent with workers’ comp. This clears a huge hurdle, and gives you quicker access to workers’ comp benefits when you file your claim.
What Benefits Can You Get When You File For Workers’ Comp?
One of the most common questions workers have after they’ve been injured by defective equipment is: What benefits can I get through workers’ compensation?
Most workers know about workers’ comp, but many don’t fully understand what it actually covers. Think of it like a car insurance claim–after an accident, you file a claim, and the insurance company provides financial support based on their investigation.
If you’ve been injured by defective equipment at work, you’re generally able to file a claim and start getting benefits like:
- Medical expenses – This covers all medical costs, such as doctor visits, treatments, surgeries, and medications related to your injury.
- Temporary Disability (TD) – If your injury prevents you from working temporarily, workers’ comp provides partial wage replacement until you recover.
- Permanent Disability (PD) – If your injuries cause lasting damage, you may receive benefits based on how the injury affects your ability to work long-term.
- Job retraining – If you can’t return to your old job due to your injuries, workers’ comp can cover retraining for a new role.
While these are available, TD benefits typically run out after 104 weeks. This gives you a lot of time to recover, but if you’re more seriously injured or have permanent issues, you might need further help. At that point, you could potentially file a lawsuit against:
- The equipment manufacturer, suppliers, or maintenance companies
- Your employer, in rare cases where gross negligence is involved.
A lawsuit can help you get additional financial support (called damages) for:
- Medical costs not covered by workers’ comp
- Lost income (current and future)
- Pain and suffering
- Emotional distress
- Reduced quality of life
In California, you have two years from the date of the accident to file a lawsuit. Even though the standards are a bit higher in a lawsuit, our team can guide and support you through both the workers’ comp and legal process.
Get Help From Maison Law After a Defective Equipment Injury at Work in Los Angeles
When you’re injured at work, it’s incredibly stressful and frustrating. Not only do you have to deal with medical bills, but you’ll likely miss time and lose out on income. Defective equipment injuries only add to this frustration, but you have options. Maison Law’s team of Los Angeles workers’ compensation lawyers understand what you’re going through and can help you. Contact us today for a free consultation to talk about your options.
