Firm Logo

Defective Machines And Products

Attorneys Helping New Jersey Employees Injured On The Job

Many people use machines and products throughout the workday. While machines and other devices help people complete their job duties, some machines are defective and may cause employees to suffer injuries. Injuries caused by defective machines and products can be devastating and even fatal. If you or a loved one was harmed in the workplace by a defective machine or product, or if you lost a loved one, you should speak to an attorney regarding your eligibility to obtain workers’ compensation benefits. At New Jersey Workers Compensation Lawyer with the Law Offices of Jonathan F. Marshall, our Defective Machines And Products Attorneys can assess the circumstances surrounding the injury and advise you on the benefits that you may be owed.

Medical And Disability Benefits For Injuries Caused By Defective Machines And Products

Defective Machines And Products

Employees who suffer an injury due to a defective product or machine may be eligible for medical benefits. In other words, the employer must provide the employee with any treatment that the employee needs to treat his or her injuries. If the cost of the treatment is over $50, the employee must establish that the treatment is necessary and the cost is reasonable. Employees who cannot work because of their injuries may be entitled to disability benefits as well. Depending on the nature and extent of the injury, disability benefits may be temporary or permanent and may compensate for a partial or total disability.

Death Benefits Following A Fatality Caused By A Defective Machine Or Product

In cases in which a defective machine or product causes a fatal workplace injury, the dependents of the deceased employee may be able to recover death benefits. Death benefits are paid at a rate of 70% of the weekly wage of the employee, but they cannot exceed a maximum set amount. Death benefits are distributed among any dependents of the deceased employee, following a hearing and a determination by a judge regarding dependency.

If a spouse or child lived in the deceased employee’s household at the time of his or her death, it is conclusively presumed that they are dependents. If the deceased employee had a spouse or child who was not part of his or her household, or other dependents such as siblings, parents, or grandchildren, they must prove actual dependency. If a child is considered a dependent, he or she will remain a dependent until he or she reaches the age of 18, unless he or she is a full-time student, in which case dependency continues until the child is 23. The employer or its insurer is required to pay funeral expenses following a job-related death as well.

Third-Party Claims

Although employees who suffer a work-related injury are generally precluded from filing a civil lawsuit against their employer for damages caused by their injury, they are not prohibited from pursuing claims against third parties that caused or contributed to their harm. Thus, employees injured by defective machines and products may be able to file product liability lawsuits against manufacturers that designed or produced defective equipment, in addition to pursuing workers’ compensation benefits.

Meet With A Skillful Work Injury Lawyer In New Jersey

If you suffered an injury in the workplace due to a defective machine or product or lost a loved one due to a work-related injury, you should meet with an attorney regarding your right to recover workers’ compensation benefits. At New Jersey Workers Compensation Lawyer, we pride ourselves on serving as assertive advocates for injured workers, and we will work tirelessly to help you seek any workers’ compensation benefits that you may be eligible to recover. We have office locations in Freehold, Toms River, and New Brunswick, and we represent people in the pursuit of workers’ compensation benefits throughout New Jersey, including in cities in Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, Somerset and Union Counties. You can reach us at 866-916-3549 or via our online form to set up a free meeting.

Frequently Asked Questions About Workers’ Compensation Claims

Can I collect additional compensation for my construction accident injury outside of workers’ comp?

“This firm never gives up and they build a foundation of trust from square one.”
Google Reviewer / Former Client
“Always willing to answer questions and making time for us when needed. They helped make the most difficult times in our lives a little easier.”
Google Reviewer / Former Client

Let Us Guide You Through The Process

If you have been injured in a workplace accident, you may have many questions about the financial benefits available to you under New Jersey’s workers’ compensation system. You should know that you only have a limited amount of time to report your work injury and make a claim for workers’ comp benefits. Therefore, it is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Please call 866-916-3549 or contact our office using our convenient online contact form to arrange a free consultation. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

Representative Cases

Our client, a nurse at a long-term care center, suffered a work-related herniated disk injury in her back. As a result of her preexisting medical condition and her herniated disk, the court found that the client was totally disabled and awarded the client lifetime weekly disability payments and medical coverage for life.

View More Cases


© 2024 Dan Santarsiero NJ Workers Compensation Lawyer. All Rights Reserved.|Disclaimer. |Site Map.