Every morning 2.2 million construction workers wake up, leave their families and head to work. When those workers arrive at the construction site they assume that all safety precautions and all safety measures have been taken by their employer. Most also assume that their coworkers have been properly trained, that the equipment is functioning correctly, and that they are not in danger. As Virginia electrical shock injury lawyers we know that all too often this is not the case. In reality, tens of thousands of construction workers are injured while on the job each year - and on average over 1,000 die.
While many of these injuries are caused by simple accidents, others could have been prevented if not for the carelessness or negligence of someone else. Safety regulations are ignored. Dangerous equipment is not serviced. Employees are not properly trained. Dangerous areas are not marked. This was the case recently for two construction workers who were injured, one critically, by an electrical shock at the King of Prussia Mall in Pennsylvania.
While we do not handle workers' comp cases there are certain circumstances where the injury was not caused by the employer but by a third party. The way that worker's compensation laws work, is that an employee is not permitted to sue their own employer, even for a terrible electric shock. In exchange for receiving Worker's Compensation benefits, workers give up the right to sue their own employer. However, these laws do permit and employee to bring a claim against a third-party-that is, a company separate from their own employer that is responsible for negligently causing their electrical shock injury or electrocution.
Separate lawsuits allowed for on the job injuries are often caused by faulty or defective products at work. This would occur when a worker is hurt while on the job, but the culprit of the injury is a defective product like a ladder, saw, vehicle, and so forth. A lawsuit could be brought against the seller or manufacturer of the product if the failure was due a defect. In any situation where a manufactured or leased product has a defect that leads to an on the job injury, the injured employee may have grounds to bring a separate negligence lawsuit against the manufacturer, seller or lessor of the faulty product.