Liability in Workplace Machinery Accidents
Workplace machinery lawyers who will be with you every step of the way.
Explore the complexities of liability in workplace machinery accidents with Dressie Law Firm. Learn about legal implications and how we can assist you.
Who Is Liable in Workplace Machinery Accidents?
Workplace machinery accidents can result in severe injuries and even deaths. An estimated 317 million nonfatal workplace injuries are reported annually worldwide. Most of these injuries stem from slip and fall accidents, but some result from defective machinery.
In 2022, OSHA reported unsafe machinery among the top compliance violations. According to the report, many workers are at risk of workplace accidents, and not all are solely the employer’s fault. Multiple parties could be liable for defective machinery accidents. You need an experienced workplace injury attorney to help you determine liability and seek compensation.
If you’ve been injured on the job or lost a loved one in a fatal workplace machinery accident, Dressie Law Firm can help. Contact our Atlanta construction accident lawyer and let us handle your case as you focus on recovery.
Determining Liability in Workplace Machinery Accidents
Determining liability in workplace machinery accidents involves analyzing the circumstances leading to the incident. This may involve defective equipment, improper repair or maintenance, or an unsafe environment. Multiple parties may be held accountable, including:
Machinery manufacturer or distributor
Most faulty equipment accidents are a result of negligence. The negligent party is held responsible for the damages caused by the accident. Employers must follow all state and federal laws and standards of workplace safety to prevent serious injuries.
According to OSHA standards, point-of-operation guarding is required for heavy machinery with specific parts. This includes guillotine cutters, shears, milling machines, power presses, jointers, power saws, forming rolls, and portable power tools.
Workers must be given adequate protective equipment, safety instructions, and warnings. Workplace injuries are common when machines are not inspected and maintained regularly. According to OSHA’s business case for safety and health, safety compliance can help reduce the cost of workplace injuries.
It may not be easy to determine liability in a workplace accident, but a good attorney with experience in similar cases will be an asset. Our lawyers at Dressie Law Firm have a wealth of experience in this field.
Potentially Liable Parties for Workplace Machinery Accidents
Like any other personal injury claim, workplace machinery accidents may involve one or more liable parties. Most cases have three primary parties that can be held liable: employers, manufacturers, and negligent third parties.
If the accident stems from improper maintenance, the employer might be liable. This includes ignoring employee concerns about a given machine and failing to inspect the equipment. Read further to discover essential steps to take when work equipment fails.
Employers can be held liable if they don’t provide protective equipment, perform regular inspections, or maintain their equipment. They can also be liable when they allow untrained workers to use machinery or violate any of the OSHA safety regulations.
The manufacturer is usually liable for manufacturing defects, poor design, inadequate warnings, and defective machine components. For instance, a defect in a chain used to operate a hoist can lead to the sudden release of heavy cargo on the workers underneath.
In such cases, the manufacturer of the defective machine or component is held responsible for the accident. Accidents due to poor operation instructions and safety flaws can also be blamed on the manufacturer. If the employer fails to inspect defective equipment or chooses to use it despite its defects, they may be jointly liable.
A faulty equipment accident can be caused by the negligence of other workers, contractors, or property owners. An example is a contractor using untrained or undocumented construction workers to cut operation costs. Learn more about the complexities of construction accidents involving undocumented workers.
A coworker may be liable for a machinery accident if the act that led to the accident is not within their job duties. Construction site owners, who are not always the employer, may also be liable for such accidents if they don’t provide the necessary protective gear and violate safety standards.
Seeking Compensation: Workers’ Compensation Claims
Workers’ compensation is a unique coverage designed to compensate employees who are injured on the job or during job-related missions. Families of dead workers can also file for workers’ compensation death benefits. There doesn’t have to be any fault or negligence involved to qualify for workers’ comp. Whether your or your employer’s negligence caused the accident doesn’t matter.
Filing workers’ compensation claims involves specific deadlines and paperwork. The process is even more complex when third parties are involved, which is often the case for construction accidents. Working with an experienced attorney may be critical to obtaining compensation. Here at Dressie Law Firm, we have experienced workers’ compensation attorneys ready to take up your case and fight for your rights.
The attorney can help you gather evidence and secure maximum compensation from your employer’s policy. Workers’ compensation can cover partial weekly wages, medical expenses, and rehabilitation costs. Non-economic damages, such as pain and suffering, cannot be recovered through a workers’ comp claim.
When to File a Personal Injury Claim?
Injured workers can file a workers’ compensation claim following a workplace injury caused by another party other than the employer. In Georgia, workers cannot file against their employer for work-related injuries. However, you can explore a personal injury lawsuit or a product liability claim against a negligent third party.
Suing third parties under product liability and personal injury claims requires a skilled attorney. You must provide irrefutable proof that the defective product caused the accident. The other parties will come armed with lawyers, so you need one, too. Talk to us at Dressie Law Firm for advice on the way forward.
How Dressie Law Firm Can Help
Faulty machinery accidents can result in amputations, spinal cord injuries, disability, and even death. If you’re the victim of a faulty equipment accident, Dressie Law Firm can help. We’re experienced attorneys with success in representing victims in personal injury cases.
As an injured worker, you’re entitled to workers’ compensation. Your employer’s coverage can pay your medical bills, lost wages, and out-of-pocket expenses. However, when other parties are liable for your injuries, you can pursue personal injury claims on top of your workers’ compensation claim.
We can help you seek settlement for medical bills, pain and suffering, property damage, loss of consortium, and more. The at-fault party has a legal obligation to cover the cost of the accident. Our team will handle the following:
- Investigating and gathering evidence for your faulty equipment accident case
- Finding witnesses with viable statements and evidence
- Filing your personal injury or workers’ comp claim
- Negotiating for maximum compensation
- Representing you in court proceedings if necessary
Contact Our Workplace Machinery Accident Attorneys Today
Manufacturers, employers, property owners, and contractors have a legal duty to follow safety guidelines, especially regarding heavy machinery. Unfortunately, accidents can happen to anyone in close proximity to such equipment, and devastating injuries are the common result.
Due to the complexity of workplace accidents, determining liability can be a challenge. You need experienced attorneys to investigate and determine if it’s a workers’ comp or personal injury case.
Dressie Law Firm has the experience and knowledge to navigate the complex laws, processes, and requirements of both avenues. Contact us today for a free consultation to learn more about how we can help.
The Dressie Law Firm Can Help You
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