Experienced Representation for Workers Injured by Defective Tools
Workers in industries such as construction, manufacturing, and transportation can avoid some workplace accidents by taking the appropriate safety precautions. However, despite their best efforts, workers may still become injured by defective tools or equipment.
Those who are injured in defective tool accidents may be able to obtain compensation from their employers and/or responsible third parties. The Philadelphia work injury lawyers at Larry Pitt & Associates, P.C. help Pennsylvania workers understand their legal options and obtain maximum compensation for their workplace injuries.
Types of Defective Tools
Any tool or piece of equipment can be dangerous if not manufactured or maintained properly. Defective hand tools, power tools, heavy machinery, and industrial equipment may cause workers to suffer serious injuries.
Some types of defective or malfunctioning tools include:
- Conveyor belts
- Nail guns
- Power drills
- Table saws
- Welding equipment
Tool Safety Standards
The Occupational Safety and Health Administration (OSHA) sets workplace safety standards for hand and power tools in the workplace. There are standards that apply to the general industry, as well as those that apply to specific industries such as shipyards, marine terminals, longshoring, and construction.
Generally, employers are responsible for the safe condition of tools and equipment that their employees use. When employers fail to uphold this duty, workers may become injured – and entitled to compensation – as a result.
Types of Defective Tool Injuries
Workers may sustain a variety of defective tool injuries, ranging from minor to fatal. Some common types of injuries may include:
- Broken bones
- Crushing injuries
- Degloving injuries
- Electrocution/electric shock
- Eye injuries
- Neck/back injuries
- Puncture wounds
- Traumatic brain injury (TBI)
Workers’ Compensation for Defective Tool Accidents
Most Pennsylvania employees are eligible for workers’ compensation benefits for their workplace injuries under the Pennsylvania Workers’ Compensation Act (the Act), with the exception of longshoremen, railroad workers, and other types of federal employees. Under the Act, employers are required to carry workers’ compensation insurance to cover the cost of medical, wage loss, and other types of expenses associated with their employees’ work injuries.
Employees must give notice of their work injury to their employers within 120 days. Their employer may then decide to accept or deny the claim. If the claim is accepted, the worker may begin receiving various forms of workers’ compensation, including a percentage of their lost wages if the injury caused them to miss work for more than seven days.
If the claim is denied, the worker has several opportunities for appeal. The Philadelphia workers’ compensation lawyers at Larry Pitt & Associates, P.C. provide skilled legal representation for both initial workers’ compensation claims and the various stages of appeal.
Third-Party Products Liability Claims
Pennsylvania workers may also be able to sue negligent third-parties for their workplace injuries and recover damages that are not provided by workers’ compensation. Tool and equipment manufacturers are responsible for ensuring the safety of their products. Workers who are injured by defective tools may therefore file a third-party product liability claim against the manufacturers or suppliers of defective tools.
Tool manufacturers or suppliers may be held legally responsible for three types of tool defects:
- Design defects: Those that render a product inherently unsafe from conception, before it is even manufactured
- Manufacturing defects: Defects that occur during the manufacturing process
- Marketing Defects: This type of defect typically involves improper labeling, insufficient warnings, or inadequate instructions
In Pennsylvania, these suits must be filed within two years of the work injury. The type and amount of damages workers can collect in defective tool claims against third parties varies by state.
Philadelphia Work Injury Lawyers at Larry Pitt & Associates, P.C. Help Workers Obtain Compensation for Defective Tool Accidents
If you were injured in a defective tool accident at work, contact a Philadelphia work injury lawyer at Larry Pitt & Associates, P.C. Our attorneys have over 40 years of experience representing workers in Philadelphia and throughout Pennsylvania. For a free consultation, please complete our online contact form or call us at 888-PITT-LAW.
We proudly represent injured workers in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County and throughout Pennsylvania, including those in the communities of Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester and Wynnewood.