Machine injuries are often severe, especially when heavy machinery is involved. Accidents of this magnitude often result in amputation, blunt force injuries and impalement. The type of injury experienced will largely depend on the industry and the machinery involved.
If you are injured in the workplace, the first step is submitting a workers’ compensation claim. Employees are typically unable to sue their employers because of a workplace injury unless there is proof of intentional conduct. This can leave the injured employee in a difficult situation. Workers’ compensation certainly helps, but it usually isn’t enough to really be considered “fair” compensation. Does the employee have any other option?
Obtaining Compensation for Machine Injuries
An employee may not be able to sue their employer, but they may have grounds to sue the manufacturer of the machinery. If the machine is deemed defective or dangerous, the manufacturer may be held liable for damages from injuries caused by their product.
The manufacturer may be held accountable if they:
- Fail to provide adequate warnings about the dangers of using the machine.
- Fail to provide adequate instructions on how to use the machine.
A careful examination of the machine must be made to determine whether it meets industry standards. This part of the process should be carried out by your attorney. They will also check to see if clear instructions are given and if the dangers of the machine are made clear to the user. Even if the dangers are clearly outlined, it may still be possible to prove that using the machine is dangerous.
Aside from the manufacturer, there are other third parties that may be held accountable for the injury. This includes:
- Distributers that failed to train machine operators on appropriate safety precautions.
- Manufacturers that fail to install appropriate safety guards.
- Maintenance and installation companies who improperly maintained or installed the machine.
Types of Heavy Machinery that Cause Injuries
Although not always the case, most machine injures are caused by heavy-duty machinery. This may include:
- Cranes
- Pavers
- Loaders
- Bulldozers
- Excavators and more
These machines are large and powerful. The injuries they inflict are often devastating and in some cases, fatal. There are risks involved with using heavy machinery. Not taking the appropriate safety precautions can be a deadly mistake. Improper usage can also result in injury.
If you were injured in a machinery accident, you owe it to yourself to find out what your rights are. Choosing an attorney who has experience with machine injury cases will improve your chances of proving your case.