San Antonio Faulty Machinery Lawyer
From construction to manufacturing, workers rely on many types of machinery to do their jobs. The safe operation of certain types of machines relies not only on the training of the worker, but other factors such as the condition of the machine, full disclosure by the worker’s employer about known defects, and even the careful practices of engineers and manufacturers who create the parts that make the machine.
If you were injured because of a malfunctioning machine at work, you may be able to obtain wage loss and medical benefits from the state’s workers’ compensation program. However, many employers do not follow workers’ comp laws, and faulty machinery accidents are not always covered through workers’ comp. An experienced San Antonio faulty machinery lawyer can help you determine the appropriate avenue to take when filing a construction accident claim.
Liability in Accidents Involving Faulty Machinery
Unlike many states, most private employers in Texas are not required to carry workers’ compensation insurance. Because of this, workers who are injured on the job in San Antonio are often left with medical expenses, wage loss, and other financial and psychological impacts if they are injured due to a malfunctioning machine. The state’s personal injury claims process may allow these injured workers to obtain the compensation they need. This involves filing a claim against the liability coverage of a relevant insurance policy held by an individual or entity who was responsible for the machine malfunction. This may include:
- An employer without workers’ compensation insurance who failed to properly train workers and warn them of known hazards
- A third party, such as an individual tasked with maintaining the equipment
- Anyone in the manufacturing chain for the parts used in the machine, including engineers, distributors, suppliers, or retailers
A San Antonio lawyer who handles faulty machinery cases can look at the details of the accident, including surveillance footage, witness statements, the official workplace accident report, and other information to determine all sources of liability and insurance resources that can be used to compensate the claim.
The Claims Process After a Faulty Machinery Accident
Once the injured person has reached maximum medical improvement and the insurance resources of the liable parties have been identified, a lawyer can submit the claim against a relevant insurance policy demanding the cost of economic losses incurred because of the injury, such as medical expenses and wage loss, as well as non-economic losses, such as pain and suffering or loss of the enjoyment of life. If the insurer that services this policy opts not to provide fair compensation, the claim can be filed as a lawsuit in civil court, usually within two years of the date of the accident.
A faulty machinery lawyer in San Antonio can negotiate with the insurance provider to secure a fair settlement on the injured worker’s behalf, even after a lawsuit has been filed. If no settlement has been reached by the time the scheduled trial begins, a lawyer can present the case to a jury so that they can decide matters of liability and compensation.
Contact a San Antonio Faulty Machinery Attorney from Felix Gonzalez Law Firm
Workers rely on others to ensure the machines they are using for their jobs are properly designed, constructed, and maintained, and that they have received proper training to complete the job safely. When this does not happen, the results can be devastating. Let our experienced San Antonio faulty machinery lawyer provide you with answers about your legal options and information about the services we provide to those who have been injured on the job. Contact us today for a free case evaluation.
