Defective Workplace Equipment

Causes of Action Beyond Workers’ Comp

Workplace equipment failure can turn an everyday work activity into a dangerous situation that causes serious injuries. Workplace injuries are covered by workers’ compensation, but when equipment failure causes or contributes to the injury, the employee may also have a claim against the manufacturer.

Was your workplace injury covered by Missouri’s ‘something more’ law?

Under workers’ comp law, you cannot sue your employer for injuries at work. However, in Missouri, there is an exception to this rule, known as the “something more” doctrine. In order to prove liability under this law, you must show that your employer or co-worker carried out an affirmative dangerous act. For example, if the employer was given notice of a problem and didn’t fix it and that problem caused injury, that could be something more than a standard workplace injury.

Workplace Equipment Failure

At Gray, Ritter & Graham in St. Louis, we do not handle workers’ compensation cases, but when the injury was caused by equipment failure or under Missouri’s “something more” law, our personal injury attorneys are prepared to help recover beyond workers’ compensation.

• Firefighters rely on self-contained breathing apparatuses (SCBAs) in the course of their duties. When an SCBA fails, a firefighter will not receive sufficient oxygen and may be overcome by smoke.
• The failure of safety equipment in the workplace can lead to exposure to chemicals. This exposure can cause burns and a lack of oxygen that can lead to serious lung and brain injuries. For example, prolonged exposure to benzene, which is used regularly in the workplace, can lead to a serious blood disorder called acute myelogenous leukemia (AML).
• Machine shop injuries can be caused by heavy tool-and-die machines that lack working safety guards.
• Defective ladders, safety harnesses, and scaffolds can cause dangerous situations and serious injuries in the workplace.
• Bucket trucks that lack proper insulation can cause serious electrical injuries to utility workers.

Was your workplace injury covered by Missouri’s ‘something more’ law?

Under workers’ comp law, you cannot sue your employer for injuries at work. However, in Missouri, there is an exception to this rule, known as the “something more” doctrine. In order to prove liability under this law, you must show that your employer or co-worker carried out an affirmative dangerous act. For example, if the employer was given notice of a problem and didn’t fix it and that problem caused injury, that could be something more than a standard workplace injury.

If unsafe equipment caused your work injury, tell us what happened.

When a workplace accident causes serious injury or wrongful death, talk to a GRG lawyer. A claim may be available against the workplace equipment maker or supplier. Contact us as soon as possible so that we may properly advise you on your legal rights.