When a work accident becomes a product liability case

Construction workers and other general labor workers are at a significantly higher risk on the job than most other professions. The Occupational Safety and Health Administration reports that more than 20% of fatalities among workers in 2018 were in the construction industry.

While falls account for the highest percentage of construction worker deaths, in many cases, a faulty product is the culprit of an accident. This can include structures failing or collapsing, machinery malfunctioning, and other damages inflicted by materials that were improperly functioning.

When a product is the cause of an injury on the job, the focus of the case may shift from worker’s compensation to product liability. Although some third-party liability cases can be difficult for courts to decide, it’s worth pursuing.

Determining whether an accident is a product liability case

When a worker is injured or killed on the job, most people immediately think of holding the employer accountable and being ordered to pay worker’s compensation benefits to the person or family of a person who was harmed. However, if a product has a defect resulting in harm or injury, the manufacturer may be held responsible for the accident.

For example, a worker who was exposed to toxic chemicals or other harmful substances while doing their job becomes ill from the exposure, their employer may be ordered to provide worker’s compensation. However, a worker who falls from a faulty ladder may be able to hold the ladder’s manufacturer responsible for a design flaw.

Claiming your compensation

With any work injury, you’re entitled to seek compensation for your damages. If you believe a faulty design or manufacturing job is at fault for your accident, a product liability lawsuit may be the best route.  If you’re unsure, a lawyer can help you determine whether or not you should bring your case against a third party.