Safety equipment helps protect workers from serious harm. Even so, equipment can fail. A hard hat may crack during a fall. A safety harness may break. A machine guard may not work as it should. When faulty equipment causes or worsens a workplace injury in New Jersey, workers’ compensation and other legal issues may apply.
Workers’ compensation may still apply
Many employees who suffer injuries arising out of and in the course of their employment may qualify for workers’ compensation benefits. Usually, this system does not depend on who caused the accident. It may cover approved medical treatment and part of a worker’s lost wages during recovery. These benefits may still be available even if defective safety equipment contributed to the injury. This is just one aspect of the overall image.
Defective equipment can create additional issues
Sometimes the equipment itself causes or worsens an injury. A ladder may have a manufacturing defect. A safety harness may fail during normal use. Safety glasses may break instead of protecting a worker.
Several factors may help determine what happened:
- Whether the equipment had a design defect, a manufacturing defect or an inadequate warning
- Whether the worker used the equipment as intended
- Whether the defect contributed to the injury
- Whether a third party, such as the manufacturer or supplier, may bear legal responsibility
New Jersey’s Product Liability Act establishes standards that apply to many defective product claims. In some situations, N.J.S.A. 34:15-40 allows an injured worker to pursue a claim against a responsible third party while also receiving workers’ compensation benefits. Every situation depends on its own facts. Good documentation can help clarify those facts.
Why documentation matters
After a serious workplace accident, preserving the damaged equipment may be important when it can be done safely and lawfully. Photos of the scene, witness information and medical records can also help document what happened. These records may help show whether faulty equipment played a role in the injury. Taking these steps can make it easier to understand how the accident occurred.
A workplace injury involving defective safety equipment may involve more than a standard workers’ compensation claim. Understanding how these situations work can help injured workers make informed decisions about their recovery. If you have questions about this topic, you may consider reaching out to a legal professional for guidance.