Your Rights after a Machinery Injury
December 27, 2022
Manufacturers of industrial equipment such as electrical equipment and heavy machinery are held to certain standards for safe design, manufacture, and installation. Workers using factory equipment and power tools are especially vulnerable to potential hazards on the job and suffering a serious injury as the result of a defective product.
If a worker suffers an injury while using industrial equipment on the job, they may have a legitimate third-party claim for compensation. In these cases, a products liability lawsuit can be filed with the assistance of an experienced attorney. Compensation you may recover through a products liability lawsuit is in addition to any Workers’ Compensation benefits.
If you are injured in a workplace accident involving any kind of defective product, the first thing you should do is seek medical treatment. This is critical, not only for your health and safety, but to preserve documentation of your injuries and any medical treatment you received. Keep in mind that often the most serious head injuries are not readily apparent, and seeking immediate and all available medical treatments can be paramount to your recovery and the outcome of your case.
Report the incident to your employer as soon as you are able after the accident and injury. Be sure to keep all incident reports and medical records, as you will need them for future claims and legal proceedings. If there were any eyewitnesses or other parties involved in the workplace accident, do your best to get statements and their contact information for your attorney.
What Types of Defective or Dangerous Machinery Can Cause Accidents?
Heavy machinery and equipment refers to the parts, components, machines, tools, and other products commonly used by workers to complete their job tasks. Workers in the construction, mining, agriculture, drilling and extraction, manufacturing, forestry, and fishing sectors are the most likely to use dangerous machinery and equipment at work.
Examples of dangerous machinery and equipment used by workers on the job include:
Workers in all industries are susceptible to a variety of kinds of accidents and injuries in the workplace. Even smaller pieces of machinery and equipment can pose significant risk to workers if they are defective, misplaced, or poorly maintained.
Defects can occur based on the design of the workplace machinery or equipment during the manufacturing process or in the marketing stage. When a defect happens in the marketing stage, it usually involves the lack of proper warning or instructions regarding how to use the product safely.
Workplace machinery can contain a number of defects, including:
- Lack of adequate safety devices on machinery.
- Errors in assembly or installation of equipment.
- Low quality or incorrect materials used by the manufacturer.
- Machine is prone to overheating.
- Faulty wiring and electrical components.
- Inadequate safety warnings or instructions on product.
What Are Different Types of Defective Machinery Accidents?
Defects in machinery and equipment pose significant risks for machine operators and other unsuspecting workers. This is largely due to the size and weight of many of these kinds of products. Heavy machinery and large-scale equipment that are defective are extremely hazardous and can lead to many types of workplace accidents with catastrophic and life-altering consequences.
Some common types of defective machinery and equipment accidents that workers can experience include:
- Forceful impacts by moving pieces of machinery.
- Becoming trapped in between or under machine parts.
- Dramatic falls to lower levels of work equipment.
- Fires and explosions caused by chemical spills.
- Electrocution caused by faulty wiring.
- Toxic chemical exposure.
What Are Common Injuries Suffered in Defective Machinery Accidents?
Injuries that can be sustained by workers in defective machinery accidents are often severe and traumatic. These types of injuries can leave innocent workers and their families physically, emotionally, and financially overwhelmed. In many catastrophic cases, a defective machinery accident can be fatal.
Some common injuries that can be suffered in a defective machinery accident include:
- Burns and smoke inhalation.
- Traumatic brain injuries.
- Spinal cord injuries.
- Broken bones and fractures.
- Neck and back injuries.
- Torn ligaments.
- Vision or hearing loss.
- Facial disfigurement.
- Crush injuries.
Who Is Liable for Injuries Caused by Defective Machinery Accidents?
Establishing liability in defective machinery or equipment cases can be complicated due to the nature of the accident, the number of parties that may be held responsible, and the complex details pertaining to the defective product. A skilled products liability lawyer can identify all liable parties and ensure that all viable claims are filed on your behalf.
Companies that designed, manufactured, distributed, or sold a defective piece of machinery or equipment can be held liable for resulting injuries through a products liability lawsuit. Any party in the chain of distribution of a dangerous product may be held responsible if the product causes harm, including the manufacturer of the product and component parts, the wholesaler, the distributor, and the retailer that sold the defective product.
Reach Out to Our Dedicated Attorneys
It is not uncommon for family members of workers who suffered fatal injuries in a defective machinery accident to need legal assistance. An experienced attorney could help loved ones recover compensation for the losses they sustained as the result of a fatal defective product accident.
Our attorneys at Galfand Berger LLP have earned a reputation for excellence in products liability cases. If you feel your work accident was the result of defective or dangerous equipment, allow us to examine the circumstances of your case and explain your options.
Some of our past cases:
- Six-figure settlement for defective machinery accident. Our client, a restaurant worker, suffered a crush injury to the fingers on her left hand when they were caught in the in-running pinch point of the feed rollers on a dough roller machine. The dough roller machine was dangerous and defective because it lacked a guard for the feed chute leading to the rollers where our client’s fingers got caught. The machine was estimated to be more than 50 years old, with the original manufacturer acquired by another company. We were able to recover a confidential six-figure settlement for our client.
- $2.25 million settlement for crane accident injuries. Our client was a maintenance worker who fell 25 feet from a crane and suffered a burst fracture of a vertebrae, a shattered femur, a puncture wound to his bicep, a traumatic head injury, among other injuries. Our legal team argued that the crane was defectively designed and assembled, leaving workers without safe walkways to cross between service platforms. We were able to settle the case on behalf of our client for $2.25 million.
Philadelphia Products Liability Lawyers at Galfand Berger LLP Fight for Clients Harmed By Defective Machinery at Work
Our skilled Philadelphia products liability lawyers at Galfand Berger LLP have represented countless injured parties in defective machinery accident cases. We understand the physical, emotional, and financial tolls these kinds of accidents take on workers and their families. To schedule a free consultation, call us at 800-222-USWA (8792) or complete our online form. Located in Philadelphia, Reading, Bethlehem, and Lancaster, Pennsylvania, we proudly serve clients throughout New Jersey and Pennsylvania, including Allentown and Harrisburg.