Personal Injury: Products Liability and Workers' Compensation
Defending The Rights Of The Injured
The Law Office of Brian T. Stern focuses a large part of its practice on two fairly distinct types of personal injury cases: Products Liability and Workers' Compensation.
PRODUCTS LIABILITY
Not every product on the market is actually the way it seems. Sometimes, an apparently harmless product may turn out to be a very dangerous item. Sometimes a dangerous product could have been safer. Sometimes a safe product was manufactured with a defect. Products liability refers to the area of law dealing with the responsibility of designers, manufacturers, and sellers of various products that, because of some manufacturing or design defect, cause injury to people who use them. Examples include design defects in automobiles or specific parts used in the vehicle which lead to accidents; a poorly manufactured container used to hold a hazardous chemical that explodes or otherwise injures the user; or the use of improper or unsafe materials in making a product which makes it more likely to catch fire or cause injury; or unsafe manufacturing equipment.
There are as many potential injuries as there are products, but not every product-related injury is necessarily actionable. Certain issues of proof must be established to show that the designer, manufacturer, or seller owed a particular duty to the user and that the product was somehow defective resulting in the injury. If you have been injured by a product that was legally acquired in the marketplace and used as intended, you may be able to hold the product's manufacturer or distributor liable for your injury. Contact us immediately to schedule an appointment and discuss your situation.
WORKERS' COMPENSATION
If you have been injured at work, you may be entitled to workers' compensation benefits to cover your lost or reduced wages and your medical expenses. The availability of workers' compensation benefits depends not on whether someone did something wrong or is somehow at fault, but on the fact that the injured person was hurt while performing the duties of his or her job. Some work-related injuries arise from specific accidents (sometimes referred to as "industrial accidents"), such as a fall from a ladder or scaffold, a machine accident, or a motor vehicle accident while driving the company vehicle. Other injuries, sometimes called "industrial disease" may occur more gradually, over time, due to continued activities causing repetitive strain injuries, such as carpal tunnel syndrome, from operating machinery.
If you suffer a work-related injury, you can't sue your employer or co-worker, but you can sue a third party who is responsible for the injury. You have the right to choose your medical provider. Sometimes, your choice is limited to a list of providers, but the choice is yours. Additional benefits often go unclaimed for permanent impairment. You may also have rights to reinstatement or light duty. Workers' Compensation has very specific but defined benefits. You should get all the benefits you are entitled to, no less.
Because we have handled these types of cases before, we know what to look for, what special facts or circumstances are important, and how to provide quality, reliable representation for our clients. Let our experience go to work for you. Contact us today for a free initial consultation.