Third-Party Lawsuits May Provide Compensation After a Workplace Product Injury

Gabriel A. Assaad
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Partner Gabriel Assaad represents victims of negligence and medical malpractice nationwide.
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Suffering an injury on the job site can be extremely stressful for victims and their families. At the same time that you are expected to be focused on your recovery and rehabilitation, you may also be facing significant financial strain as a result of your inability to return to work and earn an income to support yourself. Workers’ compensation benefits may be available for some injured workers. Unfortunately, these benefits may not cover all of your losses, including pain and suffering or future lost earnings. As a result, a claim against a third party may be your only recourse. These claims sometimes arise as a result of a defective product used in the workplace.

Types of Product Related Injuries Occurring in the Workplace

When working on the job site, you are likely using a wide variety of products in order to carry out your job responsibilities. Any one of these products could be potentially defective and dangerous. Workplace product-related injuries come in many forms, including the following examples:

  • An employee may be injured by a defective product that is part of a motor vehicle. As a result of the defective part, a car accident may occur. The employee may have been driving a vehicle owned by the company or may have been performing a work-related task at the time of the accident.
  • An employee may be injured as a result of malfunctioning tools or equipment. Similarly, an employee can be injured when a tool or equipment is defectively designed or manufactured improperly. Tools and equipment may include power tools, ladders, electronic devices, and countless other items used on the job site.
  • An employee may be injured due to exposure to solvents, chemicals, and other materials. If these materials lead to injury, a third-party lawsuit may arise.
  • An employee may suffer injury as a result of wearing clothing or gear that fails to perform as it is supposed to. This may include goggles, hazmat suits, helmets, boots, or gloves.

Regardless of the specific circumstances surrounding a workplace product injury, it is important to take action quickly in order to protect your legal rights.

Types of Defects in Workplace Product Liability Claims

When addressing a workplace injury that was caused by a dangerous or defective product, there are three different types of defects to be aware of. These defects include the following:

  • Design defects. When a design defect occurs, the designer or engineer of the product created a defective design that led to your injury. The product itself is inherently dangerous. As a result, the entire line of products is dangerous and could lead to injuries or death.
  • Manufacturing defects. A manufacturing defect occurs during the product’s manufacture. Often, this means that an error occurred during the manufacturing process. This may mean that not all of the products are dangerous or defective.
  • Marketing defects. A marketing defect occurs when the marketing surrounding the product fails to warn consumers of its possible dangers. The defect may also involve a failure to provide proper instructions. Injuries occur not because of the dangerousness or defectiveness of the product itself, but instead because the user was not properly informed on how to use the product safely.

Knowing the type of defect involved in the product that caused you a workplace injury is important when pursuing your third party liability claim.

Types of Products in Workplace Product Liability Claims

A workplace product liability claim can arise as a result of a product defect in virtually any type of item. In general, the most common types of products that are involved in liability lawsuits include the following:

  • Medical equipment, including defibrillators, stents, implants, and contraceptive devices.
  • Children’s products, such as toys, bedding, and car seats.
  • Heavy machinery, such as construction equipment and tools.
  • Automobiles, such as airbags, seat belts, and tires.
  • Pharmaceuticals, including prescription drugs and over-the-counter medications.

When referring to workplace product liability claims, medical equipment, automobiles, machinery and equipment are frequently at the root of the matter at hand.

After suffering an on-the-job injury, it is important to contact an experienced legal professional to explore the possible legal claims that may be available to you. We encourage you to reach out today for a free consultation at 855-947-0707.


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