If you've been injured in a workplace accident involving machinery, you may have questions about what comes next:
- How do I apply for Workers' Comp?
- What if defective parts caused my accident?
- Is it possible to sue my employer for negligence?
- Do I qualify for any other benefits?
The dedicated work injury lawyers at Monheit Law can help you plan for your recovery.
At Monheit Law, we have experience helping injured workers throughout all industries recover compensation.
Workers in industries which require the regular use of machinery, equipment, and tools are generally at a greater risk of getting injured on the job. When operating dangerous machinery with the potential to cause physical harm, it's extremely important to make sure the equipment is well-maintained, follow safety standards closely, and operate the machine safely and according to guidelines. However, accidents still happen to workers who do everything right while using workplace equipment.
When an employee gets injured at work and is forced to miss future workdays, he or she is entitled to Workers' Compensation benefits. It doesn't matter what the cause of the accident was - these benefits are a form of no-fault insurance.
Personal Injury Claims For Workplace Injuries
If you were involved in an accident caused by negligence, there are certain situations in which you could be eligible to file a personal injury claim for additional compensation outside of employee benefits:
- Defective machine parts or safety equipment could cause a malfunction which eventually leads to an accident and employee injury. In these situations, the manufacturer could be held liable for damages.
- Extreme employer negligence could be grounds for a viable claim. For example, you would likely have a case if a lack of safety equipment was to blame for your accident.
- Third party negligence from someone other than your employer or a coworker, such as an independent contractor on your construction site injuring you while operating heavy machinery.
FREE WORK INJURY CONSULTATION
There are a few industries in which the use of machinery, equipment, and tools frequently results in workplace accidents and injuries. We frequently represent workers in the following industries:
The construction industry is almost entirely based on the use of machinery and tools. These job sites contain heavy machinery and tools which can cause extremely serious accidents, including:
- Welding equipment
- Carpentry tools
These are just several examples of the wide range of potentially dangerous equipment found on construction sites. In this industry, worksites are usually made up of workers from various sources. There are usually multiple independent contractors and subcontractors working close together.
Even responsible construction workers who follow safety procedure are at risk of being injured by a negligent worker's mistake. And sometimes, experienced workers end up getting injured because of a malfunctioning piece of machinery or safety equipment.
If you've been injured on a construction site, it's important to file for benefits like Workers' Comp as soon as possible. But you should also consider discussing your accident with a personal injury lawyer to see if you have grounds to pursue additional compensation. This is often necessary to supplement the meager payments of Workers' Comp, as you are only eligible to collect compensation for medical expenses and about 2/3 of your lost wages.
Those in the manufacturing industry are at risk of being injured by pieces of machinery such as packaging machines, conveyor belts, and food sorters. In August of 2016, a Denver factory worker tragically lost their life after becoming trapped in a machine called an aluminum splitter. Similar accidents involving workers caught in machines are rare, but they still happen.
It's important to show proper respect towards dangerous factory machinery by thoroughly training employees in safety measures, providing proper safety equipment, and adhering to a strict maintenance schedule.
Warehouse workers frequently must use machinery to transport large and heavy quantities of goods and products. Like any other industry, strict safety standards are paramount in warehouse distribution. The Occupational Safety and Health Administration has identified improper use of forklifts as the #1 warehouse safety violation. Other pieces of machinery with the potential to cause harm include:
- Pallet jacks
- Unit load AGV
- Vertical carousels
These are just a few of the industries with workers who regularly use machinery. Regardless of your occupation, our work injury lawyers have the tools you need to earn maximum compensation following a workplace accident.
Why Do I Need A Lawyer?
A work injury lawyer can assist you with all aspects of the Workers' Comp claims and appeals process, help you apply for Social Security Disability if your injuries prevent you from returning to work for a year or more, and help you identify negligent third parties for personal injury claims.
Many workers have their benefits claims denied or disputed by their employer. Our experienced lawyers know how to take on employers and insurance companies in order to secure the compensation that injured workers deserve.
Don't worry about the costs - we will evaluate your claim for free in an initial consultation, and will only ask for payment if we win.