1. What do I do if a defective product at work injures me?
First, if a product injures you, notify your supervisor and seek medical attention immediately. Be sure to keep the product, including any parts of the product that may have broken off. Do not attempt to repair the product. The courts can dismiss claims against a manufacturer or suppliers of products if the injured party is not able to produce the defective product for inspection. Once it is shown that the product was defective when it left the manufacturer and that the defect proximately caused the injury, damages recovery is usually warranted. Finally, contact Gary C. Johnson, P.S.C. to handle your claim.

2. Can I make a claim for injuries even if the injury is covered by West Virginia Workers' Compensation?
In West Virginia, an employer is typically immune from a lawsuit for injuries covered by Workers' Compensation. However, this immunity can be lost if the employer acted with "deliberate intent." The requirement of "deliberate intent" can be proved if the employer acted with a conscious, subjective and deliberately formed intention to produce the specific result of injury or death to an employee. This, however, is very difficult to prove and you need the experience and legal knowledge of Gary C. Johnson, P.S.C. on your side.

3. Are there laws protecting me when using work equipment?
Laws and regulations govern the equipment used on work sites and are designed to protect workers and others at the site. These laws require certain steps to be followed to prevent or lessen injury on equipment. Both federal and state regulations may apply to a particular situation. A company in control of any portion of the work may be responsible to an injured party if work equipment is defective or is being used in an unsafe manner. If you have been injured on a work site because of defective equipment, one or more of the companies in charge of the work may be responsible for your injuries.

4. What type of claim do I have against my employer if I am injured by defective work equipment?
If you are injured by defective equipment while working for your employer, you may be able to maintain a product liability action against the manufacturer of the equipment. The claim against a manufacturer would be separate from your claim for workers' compensation against your employer. Although workers' compensation is your exclusive remedy against your employer, separate claims for defective equipment may be appropriate under certain circumstances. Contact Gary C. Johnson, P.S.C. today to discuss your possible claim.

5. Can I sue the manufacturer of the defective equipment?
Manufacturers and sellers of dangerous machines, equipment and goods can be sued for negligence under various circumstances, including:

• Failure to inspect or test the product before placing it on the market,
• Design flaw in a product,
• Failure to discover that the product could be dangerous,
• Failure to warn or adequately warn of a risk or hazard associated with the product,
• Breach of warranty,
• Failure to guard against injury or unsafe use, and
• Failure to install safety cut-off or emergency stops.

The seller and manufacturer can also be sued for strict product liability. Here, proof of negligence is not necessary. So long as it can be shown that the product was defective and unreasonably dangerous, you may be able to recover.

6. Can my employer fire me for filing workers' compensation claim?
It is against the law for your employer to fire you for filing any workers' compensation claim. Gary C. Johnson, P.S.C. can help you if this happens.

7. Do I need a lawyer?
The insurance company working with your employer's workers compensation is in business to make money. If it can find any reason to avoid paying you benefits, it will. It employs attorneys and adjusters familiar with the workers' compensation laws of your state. Those people represent and protect the insurance company's interests, not yours. A lawyer at Gary C. Johnson, P.S.C. can work on YOUR side.