Q: Yesterday I had my leg pinned against the steel by a faulty power jack after telling a supervisor my Jack was faulty
After telling him the jack was faulty I asked for a new one he insisted I stay on that one and stick it out. Shortly after, attempting to make a U turn down an aisle, the jack, being faulty got stuck in "forward" and smashed my leg against the steel. Would that fall on me or PFG staff for not replacing my power jack when I asked?
Under state workers’ comp laws, you don't have to prove your employer was negligent. Your injury is proof enough to invoke workers’ compensation. The disadvantage is that although workers’ comp has a simplified claim process, you give up your right to compensation for pain and suffering.
An exception exists when an employer displays gross negligence. In this case, you can file a separate third-party claim against the employer. In addition to proving gross negligence and a wanton disregard for safety, most courts require proof that such actions or omissions were intentional. This is a very heavy burden of proof.
If you’ve been injured on the job as a result of defective machinery or equipment, you may be entitled to make a third-party defective product claim. The legal burden of proving a defective product claim is not as high as the burden in an employer negligence claim. You only need to prove the machinery or equipment was defective, and the defect was the direct cause of your injuries.
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