Fresno Defective Equipment Workers Compensation Lawyer

Maison Law helps workers in Fresno injured by defective equipment navigate the workers’ compensation process. Our firm is experienced in conducting workers’ compensation investigations and holding all liable parties responsible for compensating you for the damages you’ve been forced to endure. Contact Maison Law today for a free consultation and evaluation of your defective equipment work injury.

Do I Need a Lawyer?

If you suffer an electrocution injury at work, your employer is required to provide you with workers’ compensation under California Labor Code Section 3700 in order to provide you with treatment and compensation while recovering from your injuries. A lawyer is not required to begin receiving workers’ compensation benefits, but an attorney can 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

What Can Be Filed in a Defective Equipment Injury in Fresno?

In California, defective equipment injury claims fall under product liability law. Product liability holds manufacturers, distributors, and retailers accountable for providing a safe product for consumers. If a defective part on one of your work tools, equipment, or vehicle causes an injury, you can pursue a lawsuit 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 the 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.

Defective equipment lawsuits accompanied by a workers’ compensation claim are notoriously complex due to the number of liable parties involved. To achieve a successful lawsuit against a parts manufacturer, distributor, retailer, or employer it is vital to consult with an experienced Fresno Workers’ Compensation Lawyer who can manage every aspect of your case.

What Benefits Can I Receive for a Fresno 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.

Common Types of Equipment Defects in Fresno

All machines have the potential to be hazardous to users if they’re defective. However, some tend to be more dangerous than others. The majority of machine defect injuries tend to be the jobs that rely on machine work the most. According to the U.S. Bureau of Labor Statistics, logging, roofing, and construction are among the top 5 most hazardous industries for defective equipment. The most common defective machinery includes:

• 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 Fresno Defective Equipment Workers’ Compensation Lawyer

At Maison Law, we manage the workers’ compensation claims of workers injured due to defective equipment in Fresno. Our Workers’ Compensation Attorneys have years of experience holding workers’ compensation responsible for providing you all of your benefits, as well as assigning liability to manufacturers, retailers, distributors, and all other parties for contributing to your injuries. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our legal services and you will not be charged a cent until your case is won.