Easing The Litigation Experience

How To Handle A Wrongful Death Case Involving Defective Work Equipment

Workers often rely on heavy and powerful machinery to be able to complete their day-to-day work obligations. However, because a lot of machinery that is used by workers is heavy and expensive, workers might become injured or killed as they attempt to use the machinery. If you have a loved one who has passed away due to defective machinery, you may want to get to the bottom of what happened with the help of a wrongful death attorney.

Why Some Equipment Is Defective

The equipment that the employee was required to use might have had an inherent design flaw that led to it being too dangerous to use. Or, the product might have been designed properly but the manufacturer did not follow the designer's instructions when building it. Or, the product might be dangerous when used under some circumstances and the company failed to issue warnings.

Even if the product was designed properly, it might not have been adequately maintained. For example, the employer of the deceased might have attempted to use an improper technique when repairing the equipment. It's essential that your wrongful death attorney find out exactly what went wrong with the equipment so you can make sure that the appropriate party offers a settlement.

Workers' Compensation

In most cases, a worker is covered under workers' compensation. This is an insurance program that all employers are required to carry that ensures that the employee is covered in the event of an injury or death. After a death, the workers' compensation insurance program will provide death benefits to a spouse, parent, child, grandchild, or sibling. 

Product Liability

Companies fall under strict liability. They are required to make sure that their products are safe to use and are held liable for any deaths that occur as a result of the correct use of their products.

One of the main differences between product liability and workers' compensation is that you will be entitled to intangible damages resulting from the accident. For example, if your loved one experienced pain and suffering as a result of the accident, you will be entitled to compensation through a settlement with the equipment manufacturer but not through workers' compensation.

Comparative Negligence

Even if you have received workers' compensation benefits as a survivor, you are still allowed to also pursue a settlement against the manufacturer of the defective equipment. Both parties might be at fault and you will be able to maximize your compensation with the help of an experienced wrongful death attorney.

If you have more questions, contact a local wrongful death lawyer.