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Workplace Injury

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Workplace Injury

At Breit Biniazan, we understand that workplace injuries can have devastating consequences for employees and their families. With millions of American workers injured on the job each year, it is crucial to have strong legal support to navigate the complexities of these cases. Our experienced attorneys are committed to helping those affected by defective machinery receive the compensation they deserve.

Workplace injuries are a significant concern across various industries, with construction, agriculture, maritime, and manufacturing being particularly affected. According to the Bureau of Labor Statistics, in 2020 alone, there were over 2.7 million non-fatal workplace injuries and illnesses reported in the private sector. Many of these injuries result from defective or dangerous equipment, highlighting the need for stringent safety measures and legal accountability.

Types of Defective Machinery

Defective machinery can manifest in various forms, each posing significant risks to workers. Common types of defective machinery involved in workplace accidents include:

  • Forklifts
  • Cranes
  • Saw guards
  • Power tools
  • Circular saws
  • Bulldozers
  • Backhoes
  • Graders
  • Excavators
  • Wheel loaders

These machines, when defective, can lead to severe injuries and fatalities, emphasizing the importance of proper design, manufacturing, and marketing.


Common Workplace Injuries Related to Defective Machinery

Accidents involving defective machinery often result in catastrophic injuries. These injuries can affect workers physically, mentally, emotionally, and financially. Common injuries include:

  • Amputation of limbs: Leading to lifelong disability and emotional trauma.
  • Severe burns and disfigurement: Resulting in significant pain, suffering, and medical expenses.
  • Broken bones: Causing extended recovery periods and potential loss of income.
  • Serious lacerations and scarring: Leading to physical disfigurement and emotional distress.
  • Neck and spinal cord injuries: Potentially resulting in partial or complete paralysis.
  • Head and brain injuries, including TBI: Leading to cognitive impairments and long-term medical care.
  • Loss of hearing/vision: Affecting the ability to work and quality of life.
  • Torn ligaments and other internal injuries: Requiring extensive medical treatment and rehabilitation.

Legal Responsibilities of Employers

Employers have a legal obligation to provide a safe working environment for their employees. This includes ensuring that all machinery and equipment are safe to use and free from defects. Key laws governing workplace safety include:

  • Occupational Safety and Health Act (OSHA): Mandates that employers provide safe and healthful working conditions.
  • Product Liability Laws: Hold manufacturers, distributors, and retailers accountable for defective products.
  • Workers’ Compensation Laws: Provide benefits to employees injured on the job, regardless of fault.

Employers must adhere to these regulations to protect their workers and avoid legal repercussions.


Reporting a Workplace Injury

Reporting a workplace injury promptly and accurately is crucial for ensuring that employees receive the benefits and compensation they are entitled to. The process typically involves the following steps:

  1. Immediate Medical Attention: Seek medical treatment as soon as the injury occurs.
  2. Notify the Employer: Report the injury to your employer as soon as possible, preferably in writing.
  3. Document the Incident: Keep detailed records of the injury, including medical reports, witness statements, and any communications with your employer.
  4. File a Workers’ Compensation Claim: Submit a claim to your state’s workers’ compensation board within the required timeframe.
  5. Consult with an Attorney: Seek legal advice to ensure your rights are protected and to explore additional avenues for compensation.

Employees are entitled to medical benefits, wage replacement, and compensation for permanent disabilities under workers’ compensation laws.


Investigating the Cause of the Injury

Determining the cause of a workplace injury involving defective machinery is essential for holding the responsible parties accountable. At Breit Biniazan, our attorneys meticulously investigate each case to identify the defect and those liable for the injury. This process includes:

  • Reviewing Maintenance Records: Examining the maintenance history of the machinery involved.
  • Inspecting the Equipment: Conducting a thorough inspection to identify design, manufacturing, or marketing defects.
  • Interviewing Witnesses: Gathering testimonies from coworkers, supervisors, and other witnesses.
  • Consulting Experts: Working with industry experts to analyze the defect and its impact on the accident.

Our goal is to build a strong case to secure the maximum compensation for our clients.


Seeking Medical Treatment and Compensation

Injured workers must prioritize their health and seek appropriate medical treatment immediately. Compensation for medical expenses, lost wages, and other damages is crucial for their recovery and financial stability. At Breit Biniazan, we help clients navigate the complex claims process to ensure they receive:

  • Medical Benefits: Coverage for all necessary medical treatments, surgeries, and rehabilitation.
  • Wage Replacement: Compensation for lost income during recovery.
  • Permanent Disability Benefits: Compensation for long-term or permanent disabilities.
  • Pain and Suffering Damages: Additional compensation for physical pain and emotional distress.

Our attorneys work tirelessly to secure the compensation our clients deserve.


Preventing Future Incidents – Safety Measures

Preventing future incidents involving defective machinery requires a proactive approach to workplace safety. Employers should implement the following safety measures:

  • Regular Equipment Inspections: Conduct routine inspections and maintenance of all machinery.
  • Safety Guards and Features: Ensure all equipment has appropriate safety guards and features.
  • Employee Training: Provide comprehensive training on the safe use of machinery.
  • Hazard Communication: Clearly communicate potential hazards and safety procedures to employees.
  • Incident Reporting Systems: Establish a system for reporting and addressing safety concerns.

Training Programs for Employees

Effective training programs are essential for preventing accidents and ensuring employees can operate machinery safely. Training should include:

  • Safety Protocols: Detailed instructions on safety procedures and emergency protocols.
  • Equipment Operation: Hands-on training for operating machinery correctly.
  • Hazard Recognition: Educating employees on how to identify and respond to potential hazards.
  • Personal Protective Equipment (PPE): Training on the proper use of PPE to minimize injury risks.

Collaboration with Occupational Health and Safety Authorities

Collaborating with occupational health and safety authorities can enhance workplace safety and compliance. Employers should:

  • Engage with OSHA: Work with OSHA to ensure compliance with safety standards.
  • Participate in Safety Programs: Join industry-specific safety programs and initiatives.
  • Conduct Safety Audits: Regularly audit safety practices and implement improvements.
  • Promote a Safety Culture: Foster a workplace culture that prioritizes safety and encourages employee participation.

Our experienced defective machinery attorneys at Breit Biniazan are dedicated to helping injured workers navigate the complexities of their cases, ensuring they receive the compensation and justice they deserve. Contact Breit Biniazan for comprehensive legal support and to safeguard your future.

FAQs

What should I do immediately after a workplace injury involving defective machinery?

Seek medical attention, report the injury to your employer, document the incident, and consult with a personal injury attorney to explore your legal options.

Who can be held liable for defective machinery injuries?

Potentially liable parties include the machinery manufacturer, distributor, retailer, and even the employer, depending on the circumstances of the defect and the injury.

What types of compensation am I entitled to after a workplace injury?

Injured workers may be entitled to medical benefits, wage replacement, permanent disability benefits, and compensation for pain and suffering.

How can Breit Biniazan help with my defective machinery injury case?

Our attorneys will investigate the cause of your injury, identify liable parties, and fight to secure the maximum compensation you deserve. We provide personalized legal support and representation throughout the process.

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Results that 
Build Trust

"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."

Denise K.

"Very professional, kind hearted and caring. I loved working with Sarah she did a stellar job representing me and assuring me that everything would work out. ❤️"

Jenine D.

"Had my incident back in 04/2021. Was referred to Breit and Justin Sheldon was my attorney for my case against insurance and personal injury case. Justin and his team was extremely pleasant to work with. They were always communicative at providing updates and feedback of the state of the situation. Year and a half later, never had any regrets trusting Breit to represent myself for my case."

Bryan H.

"Where do I start, From the beginning till now, EVERYONE that works for BREIT BINIAZAN Law Firm are very AWESOME especially Sarah and her team. Thank you, thank you, thank you for everything . I will recommend this law firm to anybody who needs help. Sarah and your team, please keep up the awesome work. You guys are the BEST. May God Bless All of You. Once again, Thank you Breit Biniazan Law Firm. Team#1 ❤️❤️❤️❤️❤️"

Sofia T.

"Sarah Sauble is by far the best lawyer I’ve ever worked with. She was very helpful and knowledgeable about the law and explaining legal terms in order for us to understand. Together with her paralegal, Elizabeth Rankan, they’re both great at what they do. Job well done ladies."

Theresa H.

"Sarah's unwavering support and dedication, coupled with her expertise, have been invaluable throughout my accident settlement case. I am profoundly grateful for all she has done, and her efforts have made a significant impact on my journey.I wholeheartedly endorse Sarah Gallo Sauble as well as the entire team at Breit Biniazan Law Firm, to anyone seeking legal assistance. Their professionalism and excellence are unparalleled."

Karen C.

"Sarah and the team at Breit Biniazan could not have been more professional, caring and informative. Throughout the whole process they would check on my condition, health and exchange any updates with medical care as well as the case itself. They walked me through each step, explained the expectations and possible outcomes while keeping it professional. The communication was always as easy as a text, email or call away and always responsive. If you're still looking for your team, look no further. Make the call, let Sarah provide the care you need and fight for the settlement you deserve. Thank you for fighting for me Sarah!"

John W.

"Sarah and Elizabeth were wonderful to work with. They are honest, professional and fair and worked very hard to settle our case in a timely fashion. They maintain positive and respectful relationships with opposing counsels to ensure that the client’s best interests are represented. I would highly recommend them to others and I would use them again if the situation were to arise."

C T

"Sara and her team were great to work with. I trusted them to take care of my case and they did. I would use

Them again in the future if I needed to."

Mary G.

"I reached out to Sarah G. Sable, about 9 months ago, from the beginning she assured me that she would take care of my case and that I had nothing to worry about.
Sarah stayed in contact with me every step of the way, she even answered my calls after hours to ensure that she was meeting my expectations, and answering all of my questions.

At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."

Levon H.

"The experience was awesome. Breit Biniazan help through the transition and paperwork to help me get my settlement. The whole team and lawyer had great communication throughout the process of this settlement."

Anthony A.

"Nothing but a great experience with this firm. Sarah was fully professional, attentive, and communicative throughout the entire process while representing me. Anyone who has a personal injury case, this is the firm that you want to go to. 10/10 I strongly recommend!"

Vontrey C.

"Sarah has been a great help in my case. I have been in a very serious Motorcycle accident and she and her team has worked very diligently on my case. I would like to say Thank You and will definitely be considering you in the future if needed!!"

Marcus N.

"Best law firm in Hampton Roads"

J My

"GREAT! GREAT! GREAT! ... you can not go wrong with this firm backing you!... Thanks for everything!"

Cordrette T.

"Had a amazing experience with this company. They helped me every step of the way when I had to go to court for a accident I was in. They are really personable and go above and beyond in customer service."

Stephanie W.

"I couldn’t speak more highly of Kevin, Kylee, and the whole legal team at BB. They were both personable and professional. If you’re looking for a lawyer who cares, this firm is the right one for you."

Bonnie W.

"My case was small, but it was handled with the care one would expect to be given to a multimillion-dollar settlement. The professionalism, intelligence and kindness of everyone in the firm far surpassed my expectations. Jeffrey Breit and Kevin Biniazan are truly the A Team!"

George D.

"Working with this law firm made settling my case a breeze! When i was injured in my car accident and my car was totaled, i was so worried about handling the insurance company and all of the phone calls and paperwork while i had a concussion. With a couple visits and a few emails back and forth with my paralegal and attorney, my case was settled in less than a year! If i ever needed to be represented again i will 100% be choosing Breit Cantor Grana Buckner to represent me! I appreciate everything they did for me!"

Sarah J.

"Kevin and his team were very professional and personable! They were very knowledgeable with my case. I feel like I have made some great new friendships. Thank you guys!"

Sharon P.

"Was very happy with the service I received from this office Staff is very helpful & friendly. After just a few months my case was resolved & my outcome was better than expected! Kellie Jennings kept me up to date and informed through it all. I have another pending case & have no reservations that the outcome will be as good as the first. I would recommend to family & friends."

Cobi M.

I had the misfortune of having my car totaled during the start of the pandemic. As you could imagine it was a stressful and painful event. With businesses changing to meet the requirements of COVID-19 restrictions, I would like to commend this team of professionals for maintaining the quality of the service they provide. My entire claim was handled while upholding social distancing guidelines. I had regular communication with Kellie and Kevin from start to finish. I could email at anytime and got a response within hours. Phone calls were always scheduled at my convenience and upheld just as a physical appointment would.

Without this team, I don’t know if I would’ve had the same success pursuing a settlement offer that best repaid the injury and inconvenience the car accident caused. Thank you Breir/Cantor attorney group!!"

Danielle P.

"Throughout 2019 and 2020 Attorney Kevin Biniazan helped me with a personal injury case. Aside from the professionalism and attentiveness one would expect from a quality law firm such as Breit Cantor Grana Buckner, I was taken by the fact that they agreed to take my case on a contingency basis, even though there was little evidence in my favor in the early stages of preparation. This meant the world to me. It meant that they believed in me, and my case, when two other firms declined to take the case. In late 2020 the case settled out of court and I received a substantial monetary award that exceeded my expectations. Thank you Kevin, and all your support staff for believing in me when many others did not!!!!"

Markgerszewski

"This law firm was highly recommended by a friend who had prior representation. I am very pleased with their professionalism and they kept me well informed of my injury case. Attorney Kevin Biniazan and his team fought well for my rights and I received an extremely good settlement. I encourage you to give them a call as you will have a pleasant experience with their representation!"

Scott S.

"My experience with Breit Biniazan and his team was very positive. They were very helpful, were always available, took time to explain the process, and answer any questions I had. A special thanks to Kellie for all her support and efforts. I always felt she was on my side and looking out for my best interest. I would highly recommend Mr. Binazan and his team and would not hesitate to use their services should the need arise."

Mark T.

"Michael Collett represented us in our suit, and he was incredible. He made quick, efficient work of getting our case positively resolved while also making sure to keep us updated along the way. We recommend him to anyone seeking representation in a personal injury suit.

Our suit had dragged on for five years, and we wondered if it would ever be finished. Once Mike was handed our case, he immediately got to work getting to know us and understanding the timeline of events. Additionally, as a prior military member, he understood that our case was not a traditional cut-and-dry lawsuit: our life continued while the company dragged it out in court, including PCSing overseas and then back to the US during COVID. This kind of personal understanding and attention to detail was instrumental to our case. Mike's background, compassion, attentiveness, and professionalism made the difference; without him, we could have had a very different outcome.

If you are in need of any representation for a personal injury suit, I highly recommend Michael and his colleagues."

Kim V.

"I'm an attorney in Nebraska and represented a Nebraska family who lost their son/brother due to an electrocution on a job site in Virginia. After handling the workers' compensation claim in Nebraska, I reached out to multiple law firms in Virginia, ultimately co-counseling with Kevin Biniazan on the Virginia third party claims. He worked the case up, secured experts, and ultimately tried the case to a jury. Kevin and his team did a fantastic job presenting the case, arguing points of law, and overall just demonstrated that they had put extraordinary time and effort into preparing the case for trial. They secured a 7-figure recovery on tough facts and were great to work with along the way. I highly recommend Kevin and his firm."

Aaron B.

"I give Kevin Biniazan and his team the highest rating I can. I had a case in Va Beach a few years ago, called a few attorneys but ended up going with Kevin because of the knowledge and compassion he showed. After telling Kevin my issue, he and his team did all the work. They took the time to listen to my concerns and feelings, they were informative and available at all times. Along with the success of my case, Kevin and his team gave me the opportunity and support I needed to begin healing. I couldn’t recommend enough!"

Brit T.

"Outstanding service! My case lasted approximately 2 years, the staff was more than patient with me and the multiple questions I had throughout the process. I highly recommend their services to all."

Donald B.

"I was injured in a motorcycle accident with a car driver and refered to Breit Biniazan by a second lawfirm from my home state. They were professional and got me through one of the most painful times in my life. I simply gave them what they needed and they took care of the rest, getting me proper compensation for my pain and suffering."

Kurtis P.

"I took a chance on this firm from a recommendation and I couldn’t be happier with their work and the results of my case. Kellie and Nilda are pure gold! Kellie kept me appraised of everything that was going on, timely and answered all my questions and concerns. I followed a recommendation; trust me, Breit Biniazan is the very best!"

Ally A.

"Kevin, Kylee and his team are the best in the business! They are the most trustworthy,hardworking,dedicated, honest, and morally outstanding people I've had the pleasure of knowing."

Edward D.

"My experience with the team at Breit Biniazan was nothing short of outstanding. They handled our case with the utmost professionalism and compassion. Kellie, their paralegal proved to be an invaluable support. Kellie was compassionate and her communication helped us through a tough time. I highly recommend Breit Biniazan."

Craig M.

"I had the pleasure of working with Mr. Beasley and Ms. Jennings. I was unfortunately involved in multiple crashes that I was a victim of and sought their firm, Breit Biniazan for help with medical bills and other issues. They worked with me for well over a year, coming to a successful resolution for my cases. They are incredibly passionate about their job and getting to an outcome desired for their plaintiffs. I would recommend their firm for any cases you may have, no questions asked."

Zach H.

"You want someone who really cares and will fight for what you deserve. Breit is the man for the job. He did everything with due diligence and made sure to keep me updated through this extensive process. Always had a great attitude and led with determination."

KerosYT

"I’ve never been in a lawsuit, nor have I been to court, or had anything dealing with legal matter so all of this was pretty new to me, and 9/10 it was scary & heart racing. The only reason I got through it is because of Kevin. If it wasn’t for him with his patience, his commitment to his client, or the will to go the distance I never would’ve had confidence in any of this legal stuff. 10/10 recommend Breit Biniazan."

Tyler B.

"I have the pleasure of being represented by Kevin Biniazan, he is a brilliant man with a true heart of passion for what he does, and the people he represents. He successfully managed my case, delivering thorough updates through every step as well as answering any questions I had. He set goals, and surpassed them. I am very thankful to his whole team for their support and strength during a very challenging time."

Wayde_88

"Kept me informed of the entire process. Offered advice on how to proceed."

Kenneth P.

"Fantastic team! Kevin is an amazing attorney who comes through on his word. Kylee and the team of paralegals went above and beyond to help me understand what we should expect in the case. I highly recommend Kevin’s team to anyone who is not only in need of a legal team, but one who will get them what they deserve!"

Angelica S.

"Kevin and his team worked tirelessly to help us secure the best possible outcome for an incredibly difficult situation. They were supportive and attentive to our needs, walked us through the process step by step and fought hard for us. I would highly recommend Breit Biniazan for all of your legal needs."

Carmen A.

"Following a motor vehicle accident, I needed assistance with handling insurance issues and was referred to Breit Biniazan for their expertise. I had the pleasure of working with attorney Alexis Meier and her paralegal Molisa Gardner. They managed my case with utmost professionalism, efficiency, and thoroughness.

As a physician, I am aware that some law firms may try to enhance settlements by recommending excessive consultations, imaging studies, and other tests, as well as extensive therapy. However, Alexis and Molisa ensured that I received the necessary care without subjecting me to unnecessary tests or treatments. I found their approach to be both ethical and professional.

I wholeheartedly endorse Breit Biniazan and recommend their services to anyone in a similar situation."

Andrew D.

"Alexis Meier is an exceptional attorney—professional, knowledgeable, and highly effective. She handled my case with efficiency, care, and compassion, ensuring everything was managed seamlessly. Her team was equally impressive, always responsive and prompt in their communication. It was an absolute pleasure working with them, and I highly recommend Alexis and her team to anyone in need of outstanding legal representation."

Leah L.
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