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When heavy machinery is not properly maintained, used by improperly trained workers, or not equipped with the necessary safety features, a serious injury can occur. Some of the most common machinery accidents involve pavers, excavators, loaders, and other types of manufacturing equipment.
Most often, machinery accidents are caused by employer negligence. The catastrophic injuries caused can also take workers years to recover from. If you have been hurt, our workers’ compensation lawyer outlines how to obtain the help you need.
Injuries Caused by Machinery Accidents
Working around heavy machinery is very dangerous. An accident involving heavy machinery can cause some of the most devastating injuries, including:
- Electrical burns
- Severe lacerations
- Amputation of limbs and appendages
- Spinal cord injuries
- Broken bones
- Traumatic brain injuries (TBIs), including concussions
- Internal bruising and bleeding
The above injuries are often life-changing. Victims will suffer severe pain, extensive recovery times, and may even have to relearn how to complete basic activities, such as walking.
When is Employer Negligence Responsible for Machinery Accidents?
All employers must comply with the heavy machinery regulations issued by the Occupational Safety and Health Administration (OSHA). These regulations require employers to take several safety precautions, including but not limited to the following:
- Properly training employees on safety features and handling controls
- Regularly performing maintenance on all heavy machinery
- Ensuring heavy equipment vehicles are parked on level ground and safely stored when not in use
- Ensuring that all heavy equipment has appropriate reflectors or lights if it is left unattended at night
- Assuming all overhead wires are live until the owner confirms otherwise and the wire is visibly grounded
When employers fail to comply with the above OSHA regulations or any other, injured employees can file a workers’ compensation claim to obtain benefits for their medical expenses and lost income.
Options for Claiming Compensation After a Machinery Accident
When employer negligence causes a machinery accident, injured workers typically must file a workers’ compensation claim. Under New York’s workers’ compensation system, injured employees are usually barred from filing a lawsuit against their employer.
However, when a third party was responsible for the accident, injured workers may be able to file a personal injury claim against the liable party. For example, if a piece of heavy machinery was defective and caused an accident that resulted in serious injury, a worker could file a personal injury claim against the manufacturer.
In most cases, employees can obtain workers’ compensation benefits more quickly than they can obtain a personal injury settlement. Through a personal injury claim, though, injured workers can receive additional compensation, such as pain and suffering, that is not available in the workers’ compensation system.
Our Workers’ Compensation Lawyer in Buffalo Can Advise On Your Case
If you or someone you love was involved in a machinery accident, it is vital to speak to a Buffalo workers’ compensation lawyer. At Sawers & Sackel, our experienced attorney can advise you on the best way to obtain the compensation you need for your medical expenses and more. Call us now at 716-455-2416 or contact us online to schedule a consultation and to learn more about how we can help.