San Jose Defective Equipment Workers Compensation Lawyer

Maison Law helps workers in San Jose injured by defective equipment. Our firm is experienced in conducting workers’ compensation investigations and holding all liable parties responsible for your damages. At Maison Law, we protect injured workers’ rights to workers’ comp benefits and will take swift legal action if those rights are infringed upon. Contact Maison Law today for a free consultation and evaluation of your defective equipment work injury.

Do I Need a Lawyer to Receive Workers’ Compensation Benefits?

To begin receiving workers’ compensation you do not need a lawyer. Under California Labor Code Section 3700 your employer is required to provide you with treatment and compensation while recovering from your injuries. However, a San Jose Workers’ Compensation Lawyer can greatly benefit your claim by:

• Ensuring you receive the maximum amount of benefits
• Filing a personal injury lawsuit if your injury was caused by a careless act
• Filing a lawsuit against workers’ compensation if your benefits are inadequate or delayed

In certain cases, workers’ compensation does not provide all the coverage you may need after a defective equipment injury. For example, depending on your circumstances, your injuries could require multiple surgeries, or even result in permanent disability. Workers’ Compensation may cover your treatment, but they may begin to deny treatment or reduce your benefits over time. This is where a lawyer can help and ensure you are compensated for the following damages:

• Present and future medical expenses
• Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
• Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
• Damage done to your property during the accident
• Pain and suffering caused by your injuries
• Stress and anxiety due to the nature of your accident
• Your mental state after a life-changing accident

Is Workers’ Compensation Responsible for a Defective Equipment Injury?

Workers’ compensation is not liable for the cause of work-related injuries. A third party such as your employer, a contractor, a manufacturer, or a government entity can be held responsible for your defective equipment injury, depending on the details of the accident. In the case of a defective equipment injury at your job, you will most likely have a product liability claim against the:

• Manufacturer of the equipment
• Designer of the equipment
• Retailer of the equipment

If the accident was fatal, then the family of the decedent would file a wrongful death claim. However, it is recommended to speak with a product liability lawyer before discussing the incident with the liable party’s insurance. Workers injured by defective equipment who partner with a Workers’ Compensation Lawyer tend to get more workers’ comp benefits and compensation than those who do not. An attorney can seek damages through product liability lawsuits based on:

1. Strict liability: a manufacturer can be held responsible for strict liability. A plaintiff must prove the product was defective and the defect was a direct cause of their injury. Strict liability can be imposed for three types of product defects:
   1. Manufacturing defects
   2. Design defects
   3. Warning defects (inadequate warning)
2. Carelessness: requires the plaintiff to prove the defendant failed to exercise reasonable care in the design, manufacture, or distribution of their product, which caused substantial injuries.
3. Breach of warranty: warranties guarantee a car’s performance, but if a part fails to meet these guarantees, a breach of warranty could be pursued.

What Benefits Can I Receive for a San Jose Defective Equipment Workers’ Compensation Claim?

In California, workers injured due to defective equipment have the right to medical treatment for their injuries sustained on the job. Benefits provided by workers’ compensation include:

• Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s life, or for the duration of the injury.
• Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
• Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
• Supplemental job displacement: if you are unable to return to your employment after you have been released by your treating physician, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
• Travel Costs: travel to and from medical treatment such as doctor’s visits, surgery appointments, and rehabilitation can be partially or fully covered under workers’ compensation.
• Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of $320,000 with up to $10,000 for burial expenses.

Are Product Liability Claims Different From Workers’ Compensation Claims

California recognizes strict product liability claims for defective equipment that are alleged to be:

• Sold with a manufacturing defect
• Defective in design
• Defective due to inadequate warnings or instructions

According to the California Supreme Court, any person whose injuries were reasonably foreseen may bring a product liability claim against a manufacturer or distributor. This is applicable in the case of Elmore v. Am Motors Corp (1969), which essentially states that a distributor is directly liable to anyone who is injured by their defective product because they’re responsible for making the product available to the general public. No direct relationship needs to exist between the liable and injured parties, so a plaintiff does not need to be the actual purchaser of the defective product to file a product liability claim.

If defective equipment at work caused your injury, you are not only entitled to file a product liability claim but a workers’ compensation claim. It is important to note that both claims are separate lawsuits, but they are both intended to compensate you for your work-related injury.

Common Types of Equipment Defects in the San Jose Workplace

Many accidents in construction, manufacturing, and similar lines of industrial work are due to faulty and defective equipment. These accidents range from minor to severe, depending on the type of faulty machinery. The most common defective machines in the workplace include:

• Construction Equipment
• Conveyor belts
• Farm machinery and equipment
• Forklifts and warehouse machinery
• Landscaping tools and equipment
• Power tools
• Press machines
• Production line equipment

Common machinery defects that lead to injuries include:

• Faulty wiring
• Lack of improper safety warnings or instructions
• Machine overheating
• Inadequate safety devices such as guards or automatic shutoff switches
• Low-quality, or improper materials involved in the manufacturing process

Contact a San Jose Defective Equipment Workers’ Compensation Lawyer

Navigating a workers’ compensation claim for defective equipment can be a complex process, especially if you are fighting alone to get the benefits you’re entitled to. If you’ve suffered an on-the-job defective equipment injury in San Jose, do not hesitate to speak to one of our Workers’ Compensation Attorneys at Maison Law to get dedicated and professional legal assistance. Schedule your free consultation and case evaluation by contacting Maison Law today. There are no upfront charges for our services and you will not be charged a cent unless we win your case.