Chicago Defective Safety Equipment Lawyer
Since the Chicago construction industry is so competitive, supervisors sometimes remove guards and other protective equipment, believing that such equipment slows workers down and causes construction delays. More frequently, however, a defective product is responsible for equipment-related injuries. These manufacturers cannot hide behind workers’ compensation laws and avoid legal responsibility for the injuries they cause.
The diligent Chicago defective safety equipment lawyers at Connolly Injury Law explore every possible legal option in a job injury case. We don’t automatically assume that workers’ compensation is the exclusive remedy in a given case. After we thoroughly review your case, we collect evidence which supports your injury claim. Then, we put these pieces of evidence together and form a convincing case which produces maximum compensation.
Types of Defective Products
The same competition factors which affect Chicagoland construction firms also affect the companies which provide the products these companies use. These suppliers often put profits before people, which means they take dangerous shortcuts. Two common examples are:
- Manufacturing Defect: Takata airbags are an example of a manufacturing defect. To save money, the company replaced an expensive yet reliable propellant with one that was cheap and unreliable. As a result, the company’s air bags were prone to overinflation and explosion. Despite a massive recall, several million vehicles with defective Takata airbags are still on Illinois roads.
- Design Defect: Roundup weed killer, which has been in the news recently, has a design defect. The glyphosate which destroys unwanted weeds also destroys human calls. People can contract cancer by inhaling Roundup fumes, touching it, or drinking it after it seeps into groundwater.
If a defective product causes injury, the manufacturer is strictly liable for injuries. The only effective defense is unforeseeable product misuse. These extreme circumstances include things like using a lawnmower to trim the ivy on a brick wall.
Damages in a defective product injury claim usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Moreover, if there is clear and convincing evidence that the manufacturer intentionally disregarded a known risk, additional punitive damages are also available.
Defective Safety Products and Workers’ Compensation
Manufacturers are legally responsible which occur when their products are under their control. If the defect happened after that point, such as the aforementioned safety guard removal, workers’ compensation usually applies.
In a nutshell, workers’ compensation gives job injury victims access to no-fault benefits which pay their medical bills and replace their lost wages. These victims usually need not prove fault or negligence. They also need not prove employer malice. Some employers might honestly feel that removing safety equipment is the right thing to do. But if this action causes injury, the employer’s insurance company must pay compensation.
As for lost wages, workers’ compensation usually pays two-thirds of the victim’s average weekly wage for the duration of a temporary disability. Permanently disabled victims are usually entitled to lump-sum payments. Additionally, workers’ compensation usually pays all reasonably necessary medical bills. Most injured workers in the Prairie State may choose their own doctors. So, they get the care they need, as opposed to the care a company doctor is willing to provide.
Reach Out to a Diligent Cook County Workplace Injury Lawyer
Job-related injury victims are entitled to significant compensation. For a free consultation with an experienced defective safety equipment attorney in Chicago, contact Connolly Injury Law. Home, virtual, and hospital visits are available.