Dangerous machinery can transmit lethal amounts of energy or pull or catch loose sleeves or clothes worn by a construction worker. Machines with complex components and moving parts are the most dangerous and include equipment that rotates or has transverse parts. Working with pulleys, belts, gears, flywheels, and chains requires concentration and focus to prevent an accident.
According to the Occupational Safety and Health Administration (OSHA), safeguards are essential to preventing injuries. The three main areas to consider for machine guarding are the point of operation, the operating controls, and the power transmission device. Barrier guards and tripping devices are effective guarding methods that prevent contact and limit access to a hazardous area.
Your employer, a general contractor, or a subcontractor can be liable if they do not provide guarding methods to protect you and other construction workers. What makes these cases more complicated is that under the California Worker’s Compensation system, employees can receive Worker’s Comp benefits, even if they were at fault for their accident, but they relinquish their legal right to sue their employer in civil court. There are some exceptions to this rule. You should speak with one of the workplace injury attorneys at Grossman Law Offices to learn more about your rights and what you can do to receive the compensation you deserve. Call us today at (866) 982-5094.
Common Injuries Caused By Dangerous Machinery
Injuries prevent construction workers from being able to return to work for days, weeks, years, or the rest of their lives. Some of the most common injuries in workplace accidents involving dangerous machinery include:
- Back injuries
- Broken bones
- Burn injuries caused by flying chips or sparks
- Head and brain injury
- Hip injuries
- Internal damage
- Joint and limb injuries
- Neck injuries
- Spinal cord injury
- Amputation from fingers or limbs being pinched
It could take years for a person to heal from their injuries if they ever heal at all. Injured workers may never be able to return to their job, depending on the extent of the injury and what their prior responsibilities were. Nobody can really tell when someone will recover, and this uncertainty adds to the physical suffering the victim experiences. You may be wondering how you will pay for all of these services. You should speak to an attorney about the compensation you are eligible to receive.
Damages In A Dangerous Machinery Case
Victims of construction accidents caused by dangerous machinery incur major medical debt and other costs related to their injury. Economic damages are meant to compensate victims for all of their medical expenses, including but not limited to:
- Their ambulance ride
- Their hospitalization, including surgeries, lab tests, and scans/exams
- Prescription drugs
- Follow-up doctor’s visits
- Parking and mileage reimbursement for traveling to medical appointments
- Modifications to their home, such as a wheelchair ramp
Your economic damages also include your lost wages, future lost earning potential, household services if you cannot perform them yourself, and other expenses related to your injury.
Noneconomic damages compensate you for your non-financial losses. Although they are harder to quantify, the losses are real and significant. Pain and suffering and emotional distress are the most common types of noneconomic damages. If you suffered facial disfigurement, permanent scarring, limb amputation, lost the use or function of an organ, or are suffering from permanent or temporary, full or partial paralysis, then our attorneys will fight to prove these noneconomic damages that you have suffered in your lawsuit.
Why You Should Hire An Attorney
Suppose you or a loved one has been injured on the job due to dangerous machinery. In that case, you will need an attorney with extensive knowledge of the California Labor Code and experience and workplace accident litigation.
Whether your injury was caused by defective design or manufacturing, insufficient or misleading instructions or labels, or poor maintenance, we will launch an investigation to determine if the liable party is your employer, a distributor of machine parts, or another third party. We consult with expert witnesses with a background in engineering and safety and can provide the expert testimony you need. We can also depose witnesses to your accident to build your case.
The workers’ compensation system provides benefits to victims of construction injuries regardless of who is at fault. But this means that workers lose their right to pursue a civil claim against their employer to seek financial recovery. An attorney can determine if your case is an exception and whether you should file a claim against a third party. We conduct a thorough investigation to advise you of your best options to seek supplemental compensation. Call the Grossman Law Offices at (866) 982-5094 no to schedule your free case evaluation with us. We will listen to your side of the story.