Workers' Compensation and Third Party Claims
In recent years, San Antonio has enjoyed an influx of new development. Businesses from across the country have come to the city to begin construction with thousands of workers rapidly clearing, building and assembling office space. To this end, companies purchase and utilize a myriad of high tech machinery for their employees to operate. We often take for granted that companies do their due diligence in assuring the safety and quality of the products that workers interact with.
However, in some cases, defective products can make their way into the hands of workers who may incur various types of injury. Company employees often feel denied the ability to advocate for themselves for fear of losing their position. These workers do not realize that companies lacking adequate quality control can be liable for hazardous products that cause harm or injury.
Over the years, we at Carabin & Shaw have represented individuals from San Antonio with their workplace product liability claims. Our attorneys have assisted victims who have been severely harmed by a work injury or a defective product used in a workplace. Employees that fall victim to faulty products need to call Carabin & Shaw immediately. The lawyers at Carabin & Shaw are knowledgeable about the laws governing corporations and workplace injury.The Legal Principles Behind Workplace Product Liability
In this country you would think the laws would be clear: if you kill, cripple or dismember someone you should expect to go to jail or at the very least be obliged to pay some form of restitution. Unfortunately, if that person works for you then the duties and laws are not as clearly defined.
Unlike the laws that govern ordinary people, the laws regarding workplace safety offer unfair protections to businesses that expose employees to unnecessary and preventable dangers. In fact, workers’ compensation laws often act to restrict the types of lawsuits that can be brought about for workplace injury and, in many cases, prevent the injured employee or his family from being able to sue at all. Likewise, there have been incidents of San Antonio workers getting unnecessarily harmed on the job without proper recompense for injuries sustained due to a generally unsafe environment.
In addition to the risks associated with mismanaged and poorly-supervised worksites, all too often a defective product plays a role in a workplace injury or death. If a supervisor removes a guard from a saw and an employee is later injured, the supervisor and the company may be liable for that removal. Additionally, if the removal of the guard was foreseeable to the manufacturer, the product may be considered defective under Texas Law.Carabin & Shaw: A Leader in Workplace Liability Claims
The lawyers at Carabin & Shaw are poised to help San Antonio victims with these kinds of workplace product liability claims. Whether the defect lies in the design of the product or in its production, the corporation should be responsible for any resulting harm caused by such negligence or oversight.
Examples of cases which involved defective products that caused workplace injuries include:
- woodworking machinery that lacked anti-kick back teeth to prevent violent ejection of wood pieces into a nearby worker
- a tractor mounted post hole digger that lacked a guard to prevent a worker from being exposed or entangled in an exposed rotating bolt, an excavator quick coupler that failed and allowed the excavator bucket to fall onto a worker
- a horizontal boring machine that lacked proper torque control and operating presence technology to prevent the machine from overturning and crushing a worker
- ungrounded electrical equipment
Many more instances of workplace injury and death caused by defective products can be listed. The safety of workers should be a company’s top priority, yet accidents such as these are an unfortunate reality for many workers in San Antonio.Call Carabin & Shaw Today
The attorneys at Carabin & Shaw are ready to help you understand workplace product liability laws so that you can know your rights as a victim of company negligence. Our lawyers can stand up to the big corporations that take advantage of San Antonio workers who are victims of poor workplace practices. Call the San Antonio workplace injury lawyers at Carabin & Shaw for a free initial consultation at 210-222-2288, or toll-free at 800-862-1260.