Machinery accidents can be devastating, causing loss of work and medical bills. Fortunately, you may be entitled to workers’ compensation for machinery injuries.
In many industries, heavy machinery is required to do repetitive tasks, complete tasks on time, and lift heavy loads. However, machines can pose significant safety risks to workers who operate them and others around them.
When someone suffers injuries in a machinery accident at work, they may be able to pursue workers’ compensation benefits. James Koh, a California-based lawyer, helps workers injured by machines and families of those killed in machinery accidents fight for the compensation they need.
If you or someone you love was hurt by heavy machinery in the workplace, contact James Koh to discuss your options for obtaining workers’ compensation benefits.
Causes of Machinery Accidents
Working with machinery comes with significant risks, and accidents can have disastrous consequences. The following factors contribute to machinery accidents in the workplace:
- Lack of protective gear. One of the primary causes of machinery accidents is the lack of appropriate protective equipment such as gloves, helmets, goggles, earplugs, aprons, or boots. Workers who lack the necessary safety gear may be exposed to severe injuries from moving parts, flying debris, or other hazards associated with the use of heavy machinery.
- Inadequate training. Without adequate training, workers are more prone to making errors that can lead to equipment mishaps. Understanding the intricacies of the machines and their safety protocols is essential for preventing mishandling and its potentially disastrous outcomes.
- Poor lighting. Visibility is a vital component of workplace safety, particularly when it comes to operating or working near machinery. Poor lighting can obscure hazards, making it difficult for operators and nearby workers to notice dangers in time to avoid them.
- Improperly maintained equipment. Regular maintenance of machinery is critical to ensure that it functions correctly. Heavy equipment that is not kept in good working order may malfunction unexpectedly, which can lead to accidents.
- Failure to supervise. Supervision is crucial in workplaces where machinery operates. It ensures that safety protocols are followed and that swift action can be taken if an issue arises. The absence of adequate supervision can result in unsafe practices going unnoticed and uncorrected.
- Machine malfunction. Even with proper use and maintenance, machines can sometimes fail due to defects or unexpected conditions. These malfunctions can catch operators off-guard and may result in an accident if the situation is not handled promptly and appropriately.
In California, workers’ compensation is based on a no-fault system, which means employees can generally seek workers’ comp benefits for machinery injuries and other work-related injuries regardless of cause and fault.
Common Types Of Machinery Injuries
Statistics provided by the National Safety Council show that “contact with objects/equipment” accounts for 20% of all occupational injuries involving days away from work in the United States. Machinery injuries, which fall into this category, may include the following types:
- Electrical burns. Electrical equipment, if faulty or improperly handled, can cause severe burns. These are not just superficial wounds, as electrical burns can also damage internal tissues and are potentially life-threatening.
- Loss of limb. Heavy machinery, especially those with moving parts like conveyors and presses, can lead to traumatic amputation of limbs, leaving the worker permanently disabled.
- Electrocution. When a worker comes into contact with an energy source, electrocution can occur, leading to burns, cardiac arrest, and even death. Such incidents are particularly associated with equipment that is not properly grounded or maintained.
- Crushed fingers. Many workplace machines require manual operation, and a moment’s lapse in attention can lead to fingers or hands being crushed between moving parts or gears.
- Entanglement. Loose clothing, hair, or jewelry can become entangled in machinery with rotating parts. This can drag the worker towards the machinery, causing extensive bodily harm or strangulation.
- Bone fractures. Falls from machinery, being struck by mechanical components, or a collapse of the equipment can result in broken or fractured bones.
- Lacerations. Sharp edges or components of machinery can cause deep cuts or lacerations to the skin, which is a common occurrence in workplaces that lack proper safeguarding on cutting or shearing machines.
- Eye injuries. Metal shards, dust, or other particles can be ejected from machines, risking eye injury to operators. These dangers can pose a risk of temporary or permanent vision impairment.
- Hearing loss. Frequent exposure to loud machine noise without adequate hearing protection can lead to hearing loss, a commonly reported work-related health issue.
- Repetitive motion injuries. Repetitive tasks required for operating certain machinery can result in the overuse of specific muscle groups and body parts, leading to conditions such as tendonitis or carpal tunnel syndrome.
Whether you did or did not find your machinery injury in the above-mentioned list, you might want to speak with James Koh, a California-based lawyer, to discuss your options for getting workers’ compensation for machinery injuries.
What To Do If You Were Hurt By Machinery At Work
Injuries caused by machinery in the workplace can range from minor to severe, sometimes leading to long-term disability or worse. Following the right procedures after the incident can be crucial to the success of your workers’ compensation claim.
- Seek medical attention immediately because your health is the top priority;
- Report the machinery injury to your employer as soon as possible but no later than 30 days after the injury occurs (failure to inform your employer of the injury within the 30-day window can result in the loss of your right to seek workers’ comp benefits, according to the California Department of Industrial Relations);
- Document everything by taking photos of the machinery involved, your injuries, the work area where the accident took place, and speaking with witnesses;
- Follow all medical advice by going to all doctor’s appointments, taking prescribed medications, and following through with recommended treatments; and
- Keep receipts for medical expenses and records of missed work as this will be essential for determining the compensation owed in your workers’ comp claim;
- Get a Workers’ Compensation Claim Form (DWC 1) from your employer to fill out the “Employee” section and return it to your employer;
- Wait for your employer to complete the “Employer” section and forward the form to their workers’ comp insurance company; and
- Wait for the employer’s insurer to review your claim and determine your eligibility for benefits. If the insurance company accepts your claim, it will offer a settlement.
Please note that this step-by-step guide is provided for informational purposes only and does not constitute legal advice because everyone’s situation is different. You might want to work with a lawyer to ensure that you receive full compensation for your machinery injury.
Workers’ Compensation for Machinery Injuries Frequently Asked Questions (FAQs)
When you are hurt by machinery at work, it can be not only physically painful but also overwhelming when considering the next steps for your recovery and financial compensation. For this reason, we decided to put together this FAQ section and address some of the frequently asked questions by people who were involved in work-related machinery accidents.
What happens when a machine malfunctions?
If a machine malfunctions and you are injured as a result, you should report the incident to your employer immediately and seek medical attention. This will open the door to pursuing workers’ compensation benefits.
Can I collect workers comp for a machinery accident injury?
Yes, if you are an injured worker from a machinery accident, you are generally entitled to workers’ compensation benefits. These benefits can include medical expenses, a portion of your lost wages, and temporary/permanent disability.
What are machinery injuries?
Machinery injuries refer to physical harm that comes from operating or working near machinery and can range from minor cuts and bruises to more severe injuries such as loss of limb, fractures, or even death. These injuries typically occur in manufacturing, construction, and agricultural industries.
Why do machine malfunctions occur?
Machine malfunctions can occur for various reasons, including improper maintenance, manufacturing defects, wear and tear, improper use, or lack of safety measures. Regular maintenance and proper training can minimize the risk of malfunctions.
James Koh: Contact a Trusted Workers’ Compensation Lawyer
If you’ve suffered a workplace injury from heavy machinery, our lawyer James Koh may be able to assist you in pursuing the workers’ compensation benefits you need. Discuss your options for getting workers’ compensation for machinery injuries by scheduling a case evaluation with our workers’ compensation attorney today.
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