Many of Wyoming’s industries rely on heavy machinery, including construction, manufacturing, oil, and mining, and workers can face serious risks when equipment is improperly manufactured, assembled, maintained, or repaired. Workers are entitled to safe conditions. When defective equipment causes a workplace injury, responsible parties may be held accountable. Depending on the circumstances, injured individuals and their families may be entitled to file a personal injury lawsuit against manufacturers, distributors, contractors, or other third parties whose actions contributed to injuries. In this post, we cover liability, the damages you may be entitled to, and the important first steps to see if you have a personal injury claim.
How Does a Defective Equipment Lawsuit Work in Wyoming?
In Wyoming, employees can file a claim against negligent third parties responsible for workplace injuries. Whether individuals are injured at a construction site, oil field, mine, gravel pit, or other dangerous workplace, a personal injury lawsuit can help identify all liable parties and recover damages beyond workers’ compensation benefits.
Defective equipment cases may involve manufacturing defects, faulty designs, inadequate safety instructions, improper installation, and other negligence. Potential liable parties often include:
- Manufacturers: When equipment is produced with design flaws, manufacturing defects, or inadequate safety warnings, manufacturers may be liable for injuries.
- Equipment distributors: Companies involved in selling or distributing equipment may be held partially responsible for defects.
- Installation companies: Improper assembly or installation can cause dangerous malfunctions leading to injury.
- Maintenance contractors: Regular maintenance is important to keeping heavy machines in working order. When third-party maintenance providers fail to properly inspect or repair equipment, this failure may contribute to injuries.
These cases often involve multiple liable parties whose negligence may have contributed to injuries. Identifying every responsible party is critical to recovering full compensation.
What Damages Can I Recover For My Workplace Injury?
Injuries caused by heavy machinery can be severe, and the resulting physical, financial, and emotional costs can be overwhelming. Your lawyer should pursue all possible damages and ensure your recovery is fully supported.
In cases of catastrophic injury caused by defective equipment, damages may include:
- Medical expenses
- Care-taking expenses
- Pain and suffering
- Loss of earnings and earning capacity
- Emotional distress
- Loss of enjoyment of life
Your attorney will carefully evaluate both economic and non-economic damages to pursue compensation that reflects the full impact of the injury, not just the immediate losses.
Defective Equipment Injuries: What Should I Do First?
After a workplace injury caused by defective equipment, taking these steps can help protect your health, preserve evidence, and build a solid foundation for your claim.
1. Seek medical attention.
Seeking medical attention right away not only protects your health, but can be extremely helpful when building a claim. If you wait to seek help, the defense may try to argue that your injuries were minor or worsened due to your hesitation.
Acting quickly protects your ability to pursue compensation. It also creates a paper trail of medical records, treatment logs, and rehabilitation plans that can become important evidence.
2. Report the incident with your employer.
The Department of Workforce Services has specific instructions for filing an injury report. This can provide important evidence in your personal injury lawsuit, establishing the exact date, time, and circumstances of what happened and creating a record of the causes and severity of your injuries.
3. Preserve evidence.
You can help strengthen your claim by documenting your experience. This can include:
- Taking photos and videos of the scene of the accident, the equipment, or the injury itself.
- Retaining a record of which co-employees were present at the time of injury or may have noticed the equipment malfunctioning.
- Recording the personal, emotional effects the injury has had on your daily life.
Each of these steps can help strengthen your claim from the beginning, ensuring all possible damages are documented, supported, and evaluated.
4. Consult an attorney.
The best way to protect yourself after a catastrophic injury is to consult legal counsel right away. Defective equipment claims are often contested by powerful defendants and their insurers, who will move quickly to protect themselves and dispute your case. Working with an experienced personal injury attorney can help protect you from defendants who would devalue or deny your claim.
How The Fitzgerald Law Firm Can Help
The Fitzgerald Law Firm has spent over four decades representing injured individuals and their families after workplace injuries and has recovered multiple record verdicts on their behalf, including the Wyoming Supreme Court record for the largest verdicts for personal injuries and wrongful death.
Our team has extensive experience investigating the causes of equipment failure, preserving critical evidence, retaining industry experts, and pursuing the maximum compensation available under Wyoming law.
Contact us today for a no-fee consultation.