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Defective Machinery

Attorneys for Defective Machinery in New Jersey

Experienced Machinery Accident Attorneys

Defective machinery can cause serious injuries that affect every area of your life. If you have been injured due to defective machinery in New Jersey, an injury attorney can help you fight for your rights and secure compensation for your injuries and damages. Those most at risk of injury due to defective machinery are agricultural, manufacturing, construction, mining, and transportation workers. At Gelman, Gelman, Wiskow & McCarthy, LLC, our experienced injury attorneys are stringent advocates for hard-working people injured by defective machinery.

Workers’ Compensation & Machinery Accidents

After an on-the-job injury, you have the right to file a workers’ compensation claim. Workers’ compensation is a type of insurance that employers pay to mitigate out-of-pocket expenses incurred by employees who are injured on the job. If an employee is injured on the clock during their normal duties, and due to no negligence or fault of their own, filing a workers’ compensation claim can make it easier to get prompt medical care and income replacement. In some cases, filing a workers’ compensation claim might require you to waive your right to pursue legal action against your employer. You should not file a claim without consulting a defective machinery attorney.

Product Liability for Defective Machinery

Product liability is one of the grounds for filing a lawsuit for compensation after injuries sustained in a defective machinery accident. Product liability results from defects in equipment design, manufacturing, or maintenance. It holds manufacturers, distributors, and retailers accountable for damages or injuries sustained by defective machinery. Depending on the circumstances, an injury attorney can file a lawsuit against one or more entities believed to be responsible. Your accident attorney will evaluate three elements in a product liability lawsuit: negligence, strict liability, and breach of warranty.

Understanding Employer’s Duties In Machinery Accidents

Employers are responsible for protecting their employees from injury due to defective machinery. Employers must maintain equipment and improve the work site’s safety, as well as ensure employees undergo safety training and have access to safety equipment and/or protective gear that mitigates risk and injury. OSHA prohibits employers and employees from removing safety features from the equipment. Sometimes employers do so anyway, which may make them liable if an injury occurs on the job. If you notice that your employer has done any of the following, you should file a complaint with OSHA, contact your union representative, and consult with an injury attorney:

  • Buying inferior equipment or parts.
  • Forgoing needed repairs on machinery.
  • Ignoring complaints about malfunctioning equipment.
  • Refusing to pay operators for machinery training sessions.
  • Refusing to remove broken machinery from use on the work site.
  • Removing equipment safeguards that hinder the speed of production.
  • Failing to supply safety tools, such as goggles, gloves, and dust masks.

Review the Benefits of Hiring a Machinery Accident Attorney

Hiring a machinery accident attorney will protect your job and rights if you are injured due to defective machinery. Your injury attorney will ensure the machinery that caused the accident is properly inspected, and its condition is documented. Your attorney will also preserve valuable evidence, obtain witness statements, conduct interviews, evaluate the worksite, and look for evidence of previous accidents or safety violations. They will also obtain documentation of your injuries, treatment, and other damages you have suffered. They will negotiate on your behalf and do everything in their power to secure you the highest settlement amount or payout possible.

Once your attorney determines who is at fault for the accident, they will name them as defendants in the lawsuit. They will request compensation for damages, including medical expenses, lost income, rehabilitation costs, permanent injury compensation, disfigurement, pain and suffering, and emotional distress. They will also request compensation for loss of earning capacity if you can’t return to work in the industry.

Schedule a Consultation With Our Injury Attorneys

Don’t let injuries caused by defective machinery in New Jersey affect your ability to live a happy, healthy life. Contact our accident attorneys at Gelman, Gelman, Wiskow & McCarthy, LLC to discuss your rights and how to proceed with a defective machinery lawsuit. We work hard to help our clients obtain compensation for injuries and damages sustained from defective machinery. Call or contact us online to schedule a free, one-hour consultation for defective machinery injuries.

  • In 2022, a year in which New Jersey courts were basically closed for trials, our firm still settled almost 100 cases for in excess of 8 million dollars.
  • Discuss the firm's 2022 settlements.
  • Results may vary depending on your particular facts and legal circumstances.
Our Offices
  • Elmwood Park Office
    One Broadway
    Elmwood Park, New Jersey 07470
    Phone: 862-263-0770
    Fax: 973-813-3360
  • Hackensack Office
    401 Hackensack Ave
    Suite 706
    Hackensack, New Jersey 07601
    Phone: 201-488-3366
  • Morristown Office
    19 Cattano Ave.
    Morristown, New Jersey 07960
    Phone: 973-922-3900
  • Roseland Office
    425 Eagle Rock Ave
    Suite 100
    Roseland, New Jersey 07068
    Phone: 973-274-5200
  • Bridgewater Office
    440 Route 22 E
    Suite 170
    Bridgewater, New Jersey 08807
    Phone: 908-927-0200