Working in the manufacturing industry carries a greater risk of injury for workers. So many things could go wrong at any given moment…
According to the National Institute of Standards and Technology, the manufacturing industry, which employs 12.7 million workers, contributed $2.3 trillion to the U.S. gross domestic product (GDP) amounting to 11.4% of the country’s total GDP. The sheer size of the industry and the risks involved make workers’ compensation insurance a vital requirement for employers.
While there are strict regulations and protocols in place to protect employees who work in a factory or hold a manufacturing job, accidents may occur no matter how cautious workers are. If you suffered injuries on the job as a manufacturing worker, consider contacting James Koh for guidance on your next steps.
Reach out to our manufacturing workers compensation lawyer for a free consultation to discuss your legal options and learn more about how we can help you.
Common Types of Manufacturing Work Accidents
Manufacturing plants are bustling environments where safety is a critical concern. While workers are trained to follow strict protocols and supervisors are obligated to make these environments safe, accidents can still occur due to a variety of factors. Let’s discuss some of the most common types of workplace accidents that occur in the manufacturing industry:
- Slip and falls. Slips and falls are among the most common accidents in any work setting, including manufacturing. They can occur due to wet or oily surfaces, cluttered walkways, or uneven flooring.
- Chemical burns and exposure. In manufacturing, workers often handle various chemicals that can be hazardous if not managed properly. Accidental spills, splashes, or improper handling can lead to burns, inhalation risks, and other health issues.
- Machinery accidents. Heavy machinery is the backbone of manufacturing. However, these powerful devices also pose significant risks. Accidents can occur when body parts get caught in moving components, when workers do not use the machines correctly, or when machinery is not properly maintained.
- Overexertion. Manufacturing work can be physically demanding, and overexertion injuries are a common consequence of lifting heavy objects, repetitive motions, or working in awkward positions. According to the U.S. Bureau of Labor Statistics, overexertion and bodily reaction account for the highest number of injuries and illnesses resulting in days away from work in the U.S.
- Falling objects. Objects that fall from heights can cause catastrophic injuries. In a manufacturing environment, materials, tools, or products may fall when stored or handled improperly at elevated levels.
Regardless of how your manufacturing accident occurred, James Koh – a reputable manufacturing workers compensation lawyer with a track record of success – can help you pursue the financial compensation you need to get your life back to normal.
The Main Causes of Industrial and Manufacturing Accidents
Industrial and manufacturing sectors are also prone to accidents that can have devastating consequences for workers, facilities, and the environment as a whole. While accidents in these sectors may occur due to a combination of factors, some of the main causes include:
Human Error
One of the most significant causes of accidents in any field, including industrial and manufacturing settings, is human error. The complexity of tasks, oversight, or misjudgment by employees often leads to mishaps. In high-risk environments, even minor mistakes can result in severe accidents or catastrophic events.
Lack of Training and Awareness
Proper training is crucial to ensure employees understand how to safely operate machinery and carry out their tasks. Without adequate training, workers may inadvertently misuse equipment or ignore essential safety protocols, leading to dangerous accidents or malfunctions.
Equipment Failure
The manufacturing industry would not exist without the machinery and tools. However, the failure of such equipment can lead to devastating accidents. Regular wear and tear, poor maintenance, or manufacturing defects can result in unexpected breakdowns, putting the safety of workers at risk.
Unsafe Work Environment
Work conditions play a pivotal role in ensuring the safety of laborers. An unsafe work environment – be it due to cluttered workspaces, inadequate safety measures, or exposure to hazardous materials – can significantly increase the possibility of accidents and injuries.
Lack of Communication
Clear communication is vital in industrial operations. Miscommunication or the failure to relay critical information timely can lead to errors in operation, misunderstandings, and, as a result, accidents.
Fatigue and Stress
Workers in the industrial and manufacturing sectors often work long hours or shift patterns that can lead to fatigue and stress. These physical and mental strains impair an employee’s ability to concentrate and perform safety-critical tasks accurately, increasing the risk of an accident.
Non-Compliance with Safety Regulations
Regulatory bodies set safety standards and regulations to minimize the risk of accidents. Yet, when companies or individuals fail to adhere to these regulations, through either neglect or intentional non-compliance, they compromise the safety of their operations and their workforce.
How to File a Workers’ Compensation Claim
The process of seeking workers’ compensation benefits after getting injured or developing occupational disease in the manufacturing industry includes the following steps:
- Report the injury. Notify your employer of the injury in the manufacturing field immediately or as soon as possible. The law allows for 30 days to report the on-the-job injury to maintain eligibility for benefits.
- Seek medical attention. Prioritize your health by seeking medical care promptly. Inform the healthcare provider that your injury is work-related.
- Claim Form (DWC-1). Your employer should provide you with a Workers’ Compensation Claim Form (DWC-1) once they are notified of the injury. Fill out the “Employee” section and submit the completed form to the employer as soon as possible.
- Employer’s responsibility. Upon receiving the completed form, your employer is required to fill out the “Employer” section and forward the document to their workers’ compensation insurance carrier.
- Insurance carrier response. The insurance carrier will then assess the claim and determine eligibility for workers’ compensation benefits. During this time, they may request additional information or documentation from the worker to make an informed decision.
- Payment of benefits. If your claim is accepted, you will begin receiving benefits accordingly, subject to the terms of the policy and the law. If the insurer denies your claim, there are legal channels through which the decision can be challenged.
It is essential to follow this process carefully to ensure that you receive all the benefits available to you under the law. You might want to go through the steps outlined above under the guidance of a lawyer to ensure fair treatment and a favorable resolution of your claim.
Workers’ Compensation Benefits For Injured Workers In Manufacturing
As someone who has been injured while performing your job duties in the manufacturing sector, you might be wondering, “What benefits am I entitled to if I file a workers’ compensation claim?” Depending on the circumstances, available benefits include:
- Medical care benefits. All necessary medical expenses related to the workplace injury will be covered without out-of-pocket costs for the injured worker, ensuring they receive the treatment they need to make a recovery without financial stress.
- Temporary disability (TD) benefits. If an employee is unable to work due to a manufacturing injury, they may be eligible for temporary disability benefits. These benefits provide monetary support while the employee is healing and unable to perform their usual job duties. According to the State of California Department of Industrial Relations, TD pays two-thirds of the gross wages you lose while recovering from your injury.
- Permanent disability (PD) benefits. In cases where an injury leads to lasting impairments that affect an employee’s ability to earn a living in the same capacity as before the incident, permanent disability benefits are available to provide long-term financial assistance. According to the State of California Department of Industrial Relations, PD is calculated based on your age, occupation, and impairment level.
- Job displacement benefits. If a worker cannot return to their previous position due to the injury, job displacement benefits offer support, such as retraining or skill enhancement, to help them transition into a new role or employment opportunity. According to the State of California Department of Industrial Relations, job displacement benefits come in the form of a voucher, which is equivalent to $6,000.
Consider speaking with our manufacturing workers compensation lawyer to determine the amount of workers’ comp coverage that should be received.
Eligibility for Workers’ Compensation Benefits After a Manufacturing Workplace Injury
Several key criteria must be considered to understand whether or not you are eligible for workers’ comp benefits after a workplace accident in the manufacturing sector:
Employment Status
The individual seeking benefits must be an employee. Independent contractors, sole proprietors, volunteers, and in many cases, self-employed individuals may not be entitled to workers’ compensation.
- Scenario: A worker in a car manufacturing plant who is on the company’s regular payroll gets injured while operating machinery. This worker is eligible for workers’ compensation benefits since they meet the employment status requirement.
Nature of the Injury or Illness
The condition for which a worker is seeking compensation must be work-related. In other words, it must either occur during employment or as a direct result of job duties.
- Scenario: An assembly line worker develops carpal tunnel syndrome from performing repetitive tasks. This is considered a work-related illness that qualifies for workers’ compensation benefits.
Reporting and Filing Deadlines
In California, employees must report the injury to their employer within 30 days, but it is generally best to report injuries as soon as possible. According to the state’s Department of Industrial Relations, failure to report a work-related injury within 30 days can result in the loss of the right to seek workers’ comp benefits.
- Scenario: A worker sustains a back injury due to a fall at a textile manufacturing facility and reports it to the supervisor on the same day. Timely reporting ensures they remain within the eligible timeframe to receive compensation.
Exceptions to Eligibility
There are exceptions to eligibility that can affect a worker’s right to compensation after a manufacturing accident. These may include injuries sustained while the employee was committing a crime, injuries incurred when the employee’s conduct violated company policy, and serious injuries resulting from an employee’s own self-harm or intoxication.
- Scenario: A worker in a food packaging line ignores safety protocols and operates equipment while under the influence of alcohol, leading to an injury. This behavior might disqualify the individual from receiving workers’ compensation benefits.
Manufacturing Workers Compensation Lawyer Frequently Asked Questions (FAQs)
Navigating through the complexities of workers’ compensation can be challenging, especially for individuals working within the manufacturing sector where workplace accidents tend to be more frequent than in other sectors. This FAQ section is intended to provide answers to some of your questions following a manufacturing accident.
What is the most common injury in the manufacturing industry?
The manufacturing industry poses various risks, and common injuries include repetitive motion injuries, machine entanglements, and exposure to harmful substances. According to the U.S. Bureau of Labor Statistics, exposure to harmful substances or environments was the most common event leading to nonfatal injuries in the manufacturing industry between 2016 and 2020.
Who is exempt from workers’ compensation?
Generally, independent contractors, sole proprietors, volunteers, and self-employed individuals are exempt from workers’ compensation. However, the specifics can vary by state or country, so you might want to consult with a manufacturing workers compensation lawyer to discuss eligibility in your specific case.
What should I do after a manufacturing injury?
After sustaining a manufacturing injury, it is essential to:
- Seek medical attention immediately as this helps address your health concerns and creates crucial documentation of your injury.
- Report the injury to your employer as providing notice in writing and adhering to any specific timeframes is critical for your future workers’ comp claim.
- Document everything as keeping detailed records of your injuries, medical treatment, medical bills, and correspondence with your employer or their insurance company will help substantiate your claim.
- Contact a workers’ compensation lawyer to ensure your rights are protected and you receive the benefits you are entitled to.
For more detailed information and assistance with your workers’ compensation claim, reach out to James Koh. We can help you understand your best course of action after a manufacturing work accident.
James Koh: Contact a Trusted Manufacturing Workers’ Comp Lawyer
At James Koh, we understand that manufacturing work accidents can have a devastating impact on the worker’s physical and psychological health, not to mention that it can leave them without an income to provide for themselves and their families. Working with a workers compensation attorney has numerous benefits, including personalized guidance throughout the claims process and assistance with navigating the complexities that may arise when trying to obtain the compensation to which you are entitled. Contact our law office today to schedule a case evaluation and discuss the appropriate steps to take next.
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If you or a loved one has been injured on the job, please contact us to assist you with your workers’ compensation claims.
