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Dual claims can result from product defect injury at work

North Dakota oil field workers in the Bakken face multiple hazards every day. Added to the usual perils associated with the nature of their jobs, the equipment they use poses further threats. Faulty design or manufacturing, or a lack of warning on the labeling can cause catastrophic injuries. Unfortunately, a product defect is often only recognized after a tragic event that maims or kills a worker.

Any employee who is injured under such circumstances should get immediate medical treatment and explain to the doctor how the injury happened. It might help to gather witness statements and any other information that can substantiate any resulting claims. When such an accident occurs in the workplace, the victim may be entitled to pursue a third party products liability claim against the manufacturer, simultaneously with a workers' compensation benefits claim. However, if a civil lawsuit yields a monetary judgment, any payment received from workers' comp may have to be paid back.

The fact that the injured worker is not the owner or the purchaser of the defective product is irrelevant. What matters is that the product is dangerous and caused an injury. When a products liability claim is filed, the named defendants may include the manufacturer, designer and other contributors to the manufacturing and marketing of the product along with the retailer from whom it was purchased.

Claiming recovery of damages caused by a product defect is a complex process, and pursuing workers' compensation benefits at the same time can make it even more complicated. For that reason, the most logical step might be to secure the services of an attorney experienced in handling these types of claims. A North Dakota workers' compensation lawyer is typically the first legal professional to consult.

Source: expertbeacon.com, "How to file a successful product liability lawsuit", Brent Adams, Accessed on June 23, 2017

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