I suffered an injury at work but don’t know if I have a case…
You may have a work injury case even if you think that you don’t!
Many people who suffer an injury at work never consult a lawyer about their accident because workers compensation payments began automatically after filing a claim, and they think they cannot sue. Injured workers oftentimes blame themselves for the accident, or blame a co-worker who they think they cannot sue. In many cases we hear supervisors say “it was just a freak accident”, or that the injured worker “knew better than to stick his hand in there.” These types of responses to a work place accident raise “red-flags” to a personal injury lawyer versed in prosecuting workplace accidents. Just because you are accused of committing an “unsafe act” does not mean that you have no case. In most instances, the accident was predictable.
Product designers are trained to consider all of the foreseeable uses, and misuses, of the industrial machinery and design it in a manner that eliminates the possibility of injury due to predictable human error. Product designers know that workers alter machines and disable guards to make them faster or easier to use. That is why some products contain “redundant guards” and interlocks that prevent creative workers from overriding safety devices and unintentionally injuring themselves. Failure of a product manufacturer to account for human error, or intentional disregard of a safety device, may be a poor design and expose them to money damages.
In addition, even if a co-worker contributed to the accident you may still have a case. Your negligence, your co-worker’s negligence, or your employer’s negligence does not prevent you from filing a third party lawsuit. The focus is on the equipment, machine or tool, and whether it could have been designed to eliminate or reduce the condition that caused your injury.