What if I were injured by Equipment Malfunction on a Job Site?
Suffering an equipment failure injury at work is traumatic. If this happened on a job site, you may have more legal options than you realize. Our workers’ compensation lawyer at Andres Law Offices can review your situation and advise you on your rights.
Workers’ Compensation Is Usually the First Step
For most Nebraska employees, workers’ compensation under the Nebraska Workers’ Compensation Act is the first and most immediate source of benefits after a job-site injury. Workers’ compensation is a no-fault system, meaning you do not have to prove anyone was negligent to receive benefits. If your injury arose out of and in the course of your employment, you may be entitled to coverage for medical expenses, a portion of your lost wages while you are unable to work, and permanent disability benefits if your injuries cause lasting harm.
However, workers’ compensation benefits have limits. They do not cover the full value of your lost wages, and they do not compensate you for pain and suffering. This is where a third-party claim can become critically important.
Equipment Malfunction May Open the Door to a Third-Party Claim
Nebraska workers’ compensation law generally prevents employees from suing their employers for work-related injuries. That is the trade-off built into the system. However, workers’ compensation does not protect parties outside of the employment relationship. If a piece of equipment malfunctioned because it was defectively designed, improperly manufactured, or negligently maintained by a third party, you may have a separate personal injury or product liability claim against that party.
Potentially responsible third parties in an equipment malfunction case include the equipment manufacturer, a distributor or rental company, a subcontractor tasked with maintenance, or another outside company on the job site. Third-party claims are separate from your workers’ compensation claim and are handled in the Nebraska district court rather than the Workers’ Compensation Court. These claims allow you to seek damages beyond what workers’ compensation covers, such as full lost wages, pain and suffering, and compensation for lasting impacts to your life, provided you can show that the third party’s fault contributed to your injury.
Act Quickly and Speak With an Omaha Equipment Injury Lawyer
Nebraska has deadlines that apply to both workers’ compensation claims and personal injury lawsuits, and missing them can permanently bar you from recovering compensation. Preserving evidence is also time sensitive. Equipment involved in an accident can be repaired, replaced, or returned to service quickly, making early investigation important to building a strong case.
If you were injured by a malfunctioning machine or tool on a Nebraska job site, do not wait to protect your rights. Take immediate action by contacting our workers’ compensation attorney at Andres Law Offices in Omaha. We will promptly evaluate your situation to ensure you pursue every possible path to recovery. Call us now at 402-491-4003 or reach out online for a confidential consultation and start moving your case forward today.