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Workplace Accidents

Injuries Caused By Defective Machinery Equipment And Machineries

Posted by on Jul 5, 2016 in Workplace Accidents | 0 comments

Injuries Caused By Defective Machinery Equipment And Machineries

When working in factories that rely on machines and equipment, it is assumed that they have been tested and is deemed safe.  After all, it is the responsibility of the company to ensure that these machines are working perfectly. This is not the case, unfortunately. Defective equipment can put the safety of workers operating them in great jeopardy.  According to the website of Williams Kherkher, there have been several incidence of recall due to defects in machinery or equipment.

Employers can be sued for product liability if their machines or equipment are deemed defective and has caused injury or death to a worker. It is the responsibility of the employer to put in place safety measures and to maintain their equipment. Unfortunately, some companies want to cut down on their expenses and instead do the following:

  • Buy inferior equipment or parts
  • Postpone needed repairs or machinery
  • Refuse to remove broken equipment from use on the workplace
  • Remove equipment safety features which could slow down production
  • Refuse to train machine operators
  • Do not provide safety tools such as goggles, gloves, and dust mask
  • Ignore complaints about defective machines

There are three different kinds of product liability lawsuits that injured employees can file against their employers :

  • Defect in the design of the product/equipment. The injury was due to flaws in the design of the machinery in question.
  • Defect in manufacturing. The equipment was designed outside the standard procedure and made in a different way than others found on the market.
  • Defects in marketing. When the manufacturer fails to provide adequate warning or dangers regarding the product.

Under the Provision and Use of Work Equipment 1998 and Lifting Operations and Lifting Equipment Regulations 1998 requires owners, operators, and controllers of equipment to display the installation and maintenance procedures of machines and equipment. It also requires handlers to be properly trained with using the equipment.



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The Workers’ Comp – Not the Only Source of Compensation in some States

Posted by on Jun 29, 2015 in Injury, Workplace Accidents | 0 comments

Where job-related accidents are the issue, discussion is often focused on construction workers, whose job is always open to the worst kinds of risks. Personal injury lawyers may point out that this is because of the dangerous tools, heavy equipment and, sometimes, hazardous chemicals that they are regularly exposed to; add to these the altitudes (often rising to more than 10 floors) that construction workers need to ascend to be able to perform their task.

Before the turn, and during the early part, of the 20th century, construction workers who got injured while performing their job bore the consequences of their misfortune without assistance from their employer. Employers during those times were often saved from being held accountable for their workers’ injuries by reasoning out that danger is associated with the work and that the workers accepted the job despite knowledge of these dangers.

Thus, for the sole purpose of seeking financial assistance, at least to be able to afford the required medical treatment, workers had to file a lawsuit against their employer, a lawsuit, however, that workers usually lost. A lost lawsuit, though, was not the only effect of workers’ legal move – with it was the destruction of the relationship between the worker and his employer.

This predicament of workers made the government see the need for the passing of a law that will mandate employers to provide assistance to workers who get injured in the job: the Workers’ Compensation Insurance benefit, a federal mandate that was intended to provide workers, who sustain work-related injuries or who develop a work-related illness, financial assistance that will cover medical treatment and lost wages among others.

To further promote the wellbeing of workers another law was passed in 1970: the Occupational Safety and Health Act or OSH Act, which gave rise to the establishment of the Occupational Safety and Health Administration (OSHA) the following year.

OSHA’s task was to enforce the mandates of OSH Act, which was the creation and maintenance of a workplace that was safe and healthy, where employees will be able to work without fear or worry of suffering an accident.

Currently, despite OSH Act’s mandate and the existence of other laws (including state laws) that promote safety in the workplace, accidents still happen and workers still get injured. New York construction accident lawyers may quickly note that their state, there are laws that allow workers to file a lawsuit against general contractors, property owners or machinery manufacturers who fail to ensure safety on construction sites or the safety of equipment used.

Many employers, contractors or manufacturers of construction equipment, however, are not eager about fulfilling their responsibility towards injured workers when it comes to paying them additional compensation.

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