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Is 3rd party personal injury claim viable for defective tool?

| Nov 12, 2018 | Personal Injury |

Construction sites nationwide, including in California, are dangerous and wrought with safety hazards with which workers must contend. With all the inherent personal injury risks, the last thing workers need is malfunctioning and dangerous power tools. A recent recall underscores the importance of examining equipment properly before use to identify potential injury risks.

Black & Decker recently recalled one model of the company’s power drills due to malfunctioning handles. Reportedly, the particular VSR 2-Speed Black & Decker Hammer Drills are equipped with black plastic side handles that could break or slip. In fact, 11 such malfunctions have been reported to the company, one of which involved a torn rotator cuff injury.

Victims of work-related injuries are typically eligible for workers’ compensation insurance benefits. However, if a defective piece of equipment causes an injury, the worker might also have grounds to pursue additional financial relief through the civil justice system of the state. It could be pursued in addition to filing a workers’ compensation benefits claim.

Workers in similar situations might have questions about the most appropriate way to go about seeking financial relief. A California attorney who is experienced in both personal injury and workers’ compensation matters might be the best person to answer those questions. A lawyer can assess the viability of a products liability lawsuit and determine which parties to name as defendants. Furthermore, legal counsel can assist with the navigation of the process to claim compensation for medical expenses and lost wages through the state-regulated workers’ compensation insurance system.

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