Personal Injury Attorneys: Getting What You Deserve

Compensation For A Window Washing Injury When Worker's Comp Is Not Enough

25 February 2021

Laurie Flores

If you are employed as a window washer and you fall and injure yourself, your employer should be carrying workers' compensation insurance, and you should be compensated through this program. However, there are limits to how much compensation you will receive, and there may be another party that is at fault for your injuries. 

The Cause of Your Accident

There are various safety measures that are put in place to make sure that you do not fall when you are washing windows. For example, you will use a:

• Safety harness
• Rope
• Scaffolding

If there are defects in any of these pieces of equipment, you might be able to seek compensation for your injuries by initiating a personal injury claim against the manufacturer of the defective product.

Product Liability

A company that designs a product has strict liability. They are responsible for making sure that the product will function when used as it is intended. However, your personal injury lawyer will need to find out why the product ended up being defective. 

It could have been a design flaw, and the company that originally designed the product might be at fault. For example, they might have used materials for the rope that are not sufficient to support the weight of the scaffold. Failing to properly test the equipment may lead to a dangerous product being released on the market.

In other cases, the product might be defective because it was simply not manufactured properly. For example, the manufacturer may not have used the materials that were tested to be safe to use. If so, you will want to hold the manufacturer responsible.

The Role of a Personal Injury Attorney

A personal injury attorney will gather evidence to prove that the other party is responsible for your injuries and will also gather evidence to prove that you were injured and that your injuries were the result of the window washing accident. For example, the manufacturer might argue that you had a pre-existing condition that was responsible for some of your injuries and seek to offer a lower settlement. 

Another claim might be that you were not using the equipment properly and that this contributed to your injuries. However, if you are able to gather together witnesses who can testify to your version of the events, and an expert witness can reconstruct how the accident occurred, you may be able to prove that the other party is at fault.

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