Content reviewed by:
Alex Shulman
If you get hurt while using defective equipment at work, you may have access to workers’ compensation benefits and, in some situations, an additional claim against the company responsible for the defective product.
Claims involving equipment failures at work often raise questions about liability and the legal options available to an injured worker. A Manhattan workers’ compensation lawyer from our firm will review the circumstances of the accident, explain the benefits that may be available, and determine whether a separate personal injury claim may also exist.
How Defective Work Equipment Can Cause Workplace Injuries
Construction workers, transit employees, home health aides, Department of Transportation workers, school support staff, and many others depend on tools and machinery to do their jobs safely.
Equipment problems can happen for many reasons, including:
- Manufacturing errors
- Design flaws
- Missing safety features
- Faulty electrical components
- Defective brakes or controls
- Equipment that breaks during normal use
- Inadequate warnings or instructions
A worker may suffer injuries when a machine malfunctions, a ladder collapses, a scaffold component fails, or a power tool suddenly stops working properly. Accidents on the job can lead to broken bones, head injuries, back and neck injuries, crush injuries, burns, amputations, and spinal cord damage.
Can Workers’ Compensation Cover a Defective Equipment Injury?
Workers’ compensation benefits are often available when a worker gets hurt because equipment fails on the job.
In New York, workers’ compensation benefits cover many work-related injuries without requiring injured employees to prove who caused the accident. The focus is generally on whether the injury happened during the course of employment.
What Kinds of Benefits Are Available?
Depending on the circumstances, workers may receive payment for medical care, part of their lost wages, permanent disability benefits, or death benefits for surviving family members after a fatal accident.
New York’s Workers’ Compensation Law provides these benefits to eligible employees injured while performing their job duties. Employees who continue working after the injury may still qualify for medical treatment and other workers’ compensation benefits.
After reviewing your situation, our work injury attorneys will explain what benefits may be available under New York Law.
Can You File a Lawsuit for Defective Work Equipment?
In many situations, workers’ compensation coverage prevents injured workers from suing their employers. Another company may still be responsible if defective equipment contributed to an accident.
When someone other than an employer is at fault, an injured worker may have a claim against a third party, meaning a company other than the employer. Depending on the facts, the party may be a manufacturer, designer, supplier, distributor, maintenance company, or another business connected to the equipment.
These cases are often called product liability claims. A successful claim may provide damages for losses that workers’ compensation does not cover, such as pain and suffering, emotional distress, loss of enjoyment of life, and future medical expenses.
Why Are Defective Equipment Cases More Complicated?
When equipment fails, the focus goes beyond the accident itself. The equipment will also be closely examined to determine what went wrong.
An investigation may look at whether the product was designed safely, whether a problem occurred during manufacturing, whether proper warnings were provided, or whether poor maintenance contributed to the failure.
Evidence can play an especially important role in these cases. Equipment can be repaired, replaced, or put back into service soon after an accident, so gathering proof quickly matters. Photographs, maintenance records, witness statements, and inspections can help show how the incident happened and who may be responsible.
Can Construction Workers Have Additional Rights?
Some construction workers have legal options beyond workers’ compensation benefits. New York has labor laws that apply when a worker is injured by a ladder, scaffold, lift, or other equipment used on a construction site.
These laws can provide protections that are not available in every workplace injury case. Whether these protections apply depends on the facts of the accident. A careful review of the equipment, work site, and cause of the injury is often needed to identify all available claims.
How Much Time Do You Have to Take Action?
The time you have depends on the type of claim you are filing. For a workers’ compensation case, injured employees generally must notify their employer about the injury within 30 days.
In most situations, a workers’ compensation claim must also be filed within two years of the accident under Workers’ Compensation Law § 28. If the injury leads to a product liability lawsuit against a third party, you generally have three years to file a lawsuit for damages, per NY CPLR § 214(5).
Because more than one deadline may apply after an equipment-related accident, waiting too long can limit a worker’s ability to seek benefits or pursue a separate legal claim.
Talk to Shulman & Hill About Your Workplace Equipment Injury
If you were hurt by faulty work equipment, our Manhattan personal injury lawyer will explain our options and help you understand what steps to take next. We represent injured workers across New York and handle workers’ compensation claims, construction accident cases, and personal injury lawsuits concerning workplace injuries.
Since 2013, Shulman & Hill has recovered over $1 billion for injured New Yorkers. Backed by over 200 years of combined legal experience, we understand how workers’ compensation claims, New York Labor Law claims, and third-party lawsuits can intersect after a serious workplace accident.
If you are recovering from a work-related accident involving failed equipment, call today for a free consultation. There are no upfront fees for us to represent you, and you pay nothing unless we recover damages for you. Every Borough, Every Block, New York, We Got You.
