Workplace Product Liability Lawyer in Macon
Employees are entitled to safe working environments, regardless of industry. Employers are responsible for keeping workspaces hazard-free and for using safe products as they conduct their operations.
Nelson & Smith Attorneys at Law have recovered millions for clients who have suffered injuries from defective products and hazardous workplaces. Several types of incidents may qualify an injured worker for financial compensation. Workers’ compensation may pay covered benefits to injured workers, but it does not pay for pain and suffering.
Liability and Defective Products
For a personal injury case to be successful, it must first establish liability. An employer may be liable for you injuries if he or she was negligent in some capacity. Our team of legal experts understands how to establish negligence, and we thoroughly evaluate your situation to determine any shortcomings on the part of your employer. If you’ve been injured at work and want to claim damages, you must establish:
- Your employers owes you a duty of care. Employers must provide a safe workplace, free of potential hazards.
- Your employer breached this duty of care in some way.
- Your injuries were a direct result of your employers failing in their responsibility to provide you a safe workplace.
When faced with a charge of negligence, many employers blame the employee. Georgia has a comparative negligence law that allows the fault of a case to be split between the involved parties, in accordance with how much their actions contributed to the incident. For example, if you work in an industrial setting and slipped due to a spill, you may be able to claim negligence on the part of your employer. However, if you were wearing faulty or unauthorized footwear at the time, a trial may decide you were partially at fault.
Proving negligence revolves around several factors, including:
- Safe and effective design. Some products may be defective due to a design flaw, resulting in entire lots or product lines being potentially hazardous.
- Reliable and consistent manufacturing. If a company changed their manufacturing processes or began purchasing raw materials from a new supplier, it may have led to inconsistencies in the products’ manufacturing process. This may also include flaws in the construction or assembly of the product.
- Accurate labeling and product identification. All products must be honestly advertised, accurately list their components or specifications (in some cases, ingredients), and perform in their purported capacity.
Third Party Claims
In workplace product liability cases, the plaintiff must prove their employer provided unsafe or faulty equipment, tools, or other products. These cases typically revolve around defective power tools or machinery, or industrial vehicles and heavy machinery that may have been improperly used or maintained. Though your employer is required to furnish your workplace with safe and effective tools and machinery that performs as intended, even with that deficiency, you are only entitled to workers’ compensation benefits.
For a workplace liability claim in Georgia, the product that caused your injuries cannot have been designed or produced by your employer. If a third party obtained or serviced the product that caused your injury, a third party claim will form the foundation for your workplace liability suit. Workers’ compensation usually ensures you are compensated for your injuries to the extent of your benefits coverage, but a third party claim will enable you to claim damages for the resulting pain and suffering.
Nelson & Smith have extensive experience with workplace product liability cases, and once we pursue your workers’ compensation rights, our legal team will make sure any other potential compensation from third party claims will find its way to you. Contact the legal professionals at Nelson & Smith to review your case. We’ll explore every available option for obtaining just compensation in your workplace product liability case.