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?
A: 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.