Defective Machines and Products
Many people use machines and products throughout the workday. While machines and other devices help people complete their job duties, some machines are defective and may cause employees to suffer injuries. Injuries caused by defective machines and products can be devastating and even fatal. If you or a loved one were harmed in the workplace by a defective machine or product, or if you lost a loved one, you should speak to an attorney regarding your eligibility to obtain workers’ compensation benefits. At The Law Offices of Jonathan F. Marshall, our New Jersey workers’ compensation lawyers can assess the circumstances surrounding the injury and advise you on the benefits that you may be owed.Medical and Disability Benefits for Injuries Caused by Defective Machines and Products
Employees who suffer an injury due to a defective product or machine may be eligible for medical benefits. In other words, the employer must provide the employee with any treatment that the employee needs to treat his or her injuries. If the cost of the treatment is over $50, the employee must establish that the treatment is necessary, and the cost is reasonable. Employees who cannot work because of their injuries may be entitled to disability benefits as well. Depending on the nature and extent of the injury, disability benefits may be temporary or permanent and may compensate for a partial or total disability.Death Benefits Following a Fatality Caused by a Defective Machine or Product
In cases in which a defective machine or product causes a fatal workplace injury, the dependents of the deceased employee may be able to recover death benefits. Death benefits are paid at a rate of 70% of the weekly wage of the employee, but they cannot exceed a maximum set amount. Death benefits are distributed among any dependents who survived the employee, following a hearing and a determination by a judge regarding dependency.
If a spouse or child lived in the deceased employee’s household at the time of his or her death, it is conclusively presumed that they are dependents. If the deceased employee had a spouse or child who was not part of his or her household, or other dependents such as siblings, parents, or grandchildren, they must prove actual dependency. If a child is considered a dependent, he or she will remain a dependent until he or she reaches the age of 18, unless he or she is a full-time student, in which case dependency continues until the child is 23. The employer or its insurer is required to pay funeral expenses following a job-related death as well.Third-Party Claims
Although employees who suffer a work-related injury are generally precluded from filing a civil lawsuit against their employer for damages caused by their injury, they are not prohibited from pursuing claims against third parties that caused or contributed to their harm. Thus, employees injured by defective machines and products may be able to file product liability lawsuits against manufacturers that designed or produced defective equipment, in addition to pursuing workers’ compensation benefits.Meet with a Skillful Work Injury Lawyer in New Jersey
If you suffered an injury in the workplace due to a defective machine or product, or lost a loved one due to a work-related injury, you should meet with an attorney regarding your right to recover workers’ compensation benefits. At The Law Offices of Jonathan F. Marshall, we pride ourselves on serving as assertive advocates for injured workers, and we will work tirelessly to help you seek any workers’ compensation benefits that you may be eligible to recover. We have office locations in Freehold, Toms River, and New Brunswick, and we represent people in the pursuit of workers’ compensation benefits throughout New Jersey, including in cities in Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, Somerset, and Union Counties. You can reach us at 877-450-8301 or via our online form to set up a free meeting.