Updated September 1, 2021
If you’ve been injured on a job site, you may have a question as to whether workers’ compensation is your only remedy. The answer to this question is both yes and no.
Workers’ compensation is always going to be available for somebody who has been injured on a job site, assuming that their employer has workers’ compensation insurance coverage. However, there may be some other types of remedies available to you if you’ve been injured on a job site or a work site.
There can be issues with machinery. For example, we’ve had cases where people have been injured by machines on a factory floor. Usually, this is some type of heavy machinery that is potentially very dangerous. There can be issues with guarding or instructions or warnings with how to operate this piece of machinery. This, in turn, can lead to injuries. In this situation, it’s not the employer who is going to be responsible for a defective piece of machinery. Usually, there is going to be some type of liability to the manufacturer or designer of that piece of equipment.
There may also be issues with the machine failing. For example, if a piece of equipment fails due to lack of or improper heat treating of part of the machine itself, and it fails, then that could lead to liability to a product manufacturer, designer, or whoever heat-treated that particular piece of machinery equipment.
So, if you’ve been injured on a job site, yes, workers’ compensation is probably going to be able to help you, but there may be also other potential remedies available.
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