Workers in various industries depend on heavy equipment and machinery to get their job done. As an employee, the daily use of these high-powered tools exposes you to a greater risk of injuries. Despite adherence to the stringent standards mandated by the Occupational Safety and Health Administration (OSHA), workplace accidents still occur. If you were seriously injured in a heavy equipment or machinery accident, it’s in your best interest to contact our determined Essex County Workers’ Compensation Attorneys, who can help you navigate your legal options and fight for the compensation you deserve. Please continue reading to learn who may be liable for these accidents.
How to Determine Liability in Workplace Equipment and Machinery Accidents?
If you have suffered a workplace injury, you have legal options. First, you can file a workers’ compensation claim. This is a no-fault system, meaning that you are not burdened with proving that another party caused your injuries but that you suffered harm while performing duties within the scope of your employment. Nevertheless, you may be able to explore a personal injury lawsuit or product liability claim against a negligent third party.
Workplace equipment and machinery accidents may involve one or more liable parties, like any other personal injury claim. Therefore, depending on the circumstances, you may have financial recovery options outside workers’ compensation. Generally, three primary parties can be held liable:
- The employer: If the accident resulted from improper maintenance, your employer may be liable for your injuries. Employers are responsible for providing protective equipment, performing regular inspections, and maintaining equipment and machinery. They also must ensure that only trained workers can use high-powered machinery. If they violate any OSHA safety regulations, they can be held liable.
- The manufacturer: If the accident results from defective equipment, the product manufacturer can face liability. This includes manufacturing defects, poor design, inadequate warnings, and faulty machinery components. It’s their responsibility to ensure the machinery they produce is safe for its intended use. It’s important to note that if an employer fails to inspect defective equipment or chooses to use it despite its defects, they may be jointly liable.
- Third-party liability: Unfortunately, a faulty equipment accident can be caused by the negligence of coworkers, contractors, or property owners. A coworker may be liable if the act that led to the accident was outside their job duties. In addition, contractors can be liable if they use untrained workers to cut operation costs.
As you can see, multiple parties may share liability for your damages. Faulty equipment and machinery accidents can result in life-altering injuries such as amputations, spinal cord damage, disability, and even death. If you are the victim of a workplace accident, please don’t hesitate to contact a skilled attorney from the Law Offices of Christopher T. Howell, Esq., who can help you fight for the justice you deserve.
