When you think of workers’ compensation, you likely think of the state process that limits your employer’s liability. However, in some cases, you can file a lawsuit against a manufacturer if you’re injured by a defective product at your worksite. If you’ve been injured due to a product defect at work, there may be other avenues to compensation available to you. 

4 FAQ About Product Liability

Who is to blame for a defective product?

When you’re injured by a product, your attorney will consider every link in the chain of distribution. For example, the product’s designer may be to blame, and the manufacturer simply went along with the designer’s instructions.

In other cases, the design may have been safe, but a manufacturing error produced the defect, such as a sharp edge or a collapsible component. The blame can also fall on the party that wrote the manual or packed the product.

What do I need to prove to receive compensation?

There are four key elements in every product liability case. First, the plaintiff needs to have documented injuries, such as a record from a hospital or doctor’s visit.

Then, they need to prove that the product was defective or that it failed to disclose certain hazards. They’ll also need to prove that these defects or undisclosed hazards were the direct cause of the injury and that they were injured when using the product in a reasonable way.

Can the construction site be held liable?

Workers’ compensation is designed to protect employees from injury-related expenses and minimize liability costs for employers. Typically, if you pursue workers’ compensation for an injury, that means you cannot sue.

However, owners and operators must properly maintain all equipment on-site. If the worksite is not kept reasonably safe through employee training and the removal of defective or outdated equipment, you may be able to file suit.

What will come of my product liability case?

If your case is successful, you will be entitled to two different types of damages from the defendant: compensatory and punitive. Compensatory damages are designed to “compensate” for the losses you’ve suffered, such as hospital bills, lost wages, the need for home repairs, and mental pain and suffering. The judge may also choose to award punitive damages, which is an extra sum of money the defendant must pay as a penalty for their negligent or intentional actions.

If you were injured by a defective product and want to pursue workers’ compensation, turn to Vincent J. Criscuolo & Associates. Based in Rochester, NY, this firm offers hope to injured clients who have yet to receive compensation. When reaching out to them with a question, you can expect a prompt and personalized answer. To learn more about their practice areas, visit the website, or call (585) 232-3240 to schedule a free consultation.