Machinery Defect Lawsuits

When workplace machinery and equipment are defective and malfunction while in use, workers can be faced with severe injuries through no fault of their own. Faulty machinery regularly causes crush injuries, bone fractures, burns and limb amputations.

In the construction industry alone, over 400 workers are killed on the job each year in machine and equipment accidents, many the result of mobile equipment like cranes, trucks and backhoes. Factory accidents throughout the country are equally as dangerous.

According to the National Institute for Occupational Safety and Health (NIOSH), the majority of heavy equipment incidents at the workplace are vehicle-related collisions in various industries. Common injuries result from overturning, collision, falling debris, electrocution or becoming caught in running machinery.

Workers in agriculture, manufacturing, fracking, construction, mining and transportation are tasked with operating large, dangerous tools and machinery to perform their job. When these machines are faulty and malfunction, the equipment can be hazardous and cause permanent severe disabilities.

Joe Lyon is a highly-rated product liability lawyer representing plaintiffs nationwide in a wide variety of product liability and industrial injury cases.

Machinery Accidents

Injuries involving heavy equipment and machines can be severe and even fatal. An injury may occur due to negligence of management or due to defective machinery.

There are hundreds of machine types used in Ohio workplaces, including heavy equipment used in road construction, agriculture, fracking and manufacturing. Some of the more common machines involved in injuries include:

• Forklifts
• Dump Trucks
• Excavators
• Cranes
• Lathes
• Drill presses
• Chainsaws
• Grinders
• Power Tools
• Printers
• Cutting machines
• Folding machines
• Plastic injection equipment
• Welding Injuries
• Packaging machines
• Bulldozers
• Skid Steers

Poorly Maintained Machinery

It is an employer’s responsibility to conduct machine and equipment safety inspections. If defects or safety issues are found, the employer is responsible for fixing old equipment or buying new, safe equipment to protect workers.

If machinery is made defective through use, and an employer does not maintain or replace it, there may be claims against the employer for endangering employees. It also against the law for an employer to remove or alter safety features on machinery. Some instances of employers endangering workers include the following:

• Purchasing cheap, worn equipment
• Using poor quality replacement parts
• Neglecting scheduled machine maintenance
• Failing to remove broken machinery from the work floor
• Inadequately training workers
• Removing equipment and machine safeguards
• Failing to supply protective equipment
• Ignoring notice about malfunctioning machines

Defective Machinery Lawsuits

Product Liability Claims: If machinery or equipment is inherently defective by design and injures an employee, an investigation will be necessary. A claim can be filed against the manufacturer of the equipment.

If the machinery is defective through use, and an employer did not maintain or replace it, then there may be claims against the employer for endangering employees. Experts will be needed to analyze the injury circumstances and the machines to determine the best course of legal action.

Employers have a responsibility to maintain equipment. It also against the law for an employer to remove or alter safety features on machinery. Some instances of employers cutting corners and endangering workers have included the following:

• Purchasing inferior equipment
• Using poor quality replacement parts
• Neglecting needed repairs on machinery
• Failing to remove broken machinery from work floors
• Failing to properly train workers
• Removing equipment and machine safeguards
• Failing to supply safety equipment (goggles, face masks, gloves)
• Ignoring notice about malfunctioning or faulty equipment

Machine Defect Accidents

Workers compensation is available for on-the-job machine injuries: Workers compensation is intended to provide injured workers with prompt medical care and income replacement while they recover. Because the process for obtaining the proper workers comp can be complicated, it can be useful to contact an experienced labor attorney to assist you in the procedures of filing an initial claim or a denied claim.

Following any workplace machine malfunction accident, it is important to preserve any evidence and witness testimony, and to consult with a product liability and workplace injury attorney to weigh your legal options.

Lawsuits can recover rightful compensation for injured workers, and can help pay for medical costs, long-term disability, and lost wages following an accident. Machine malfunction can occur in many different job settings and industries such as:

• Mining and Fracking
• Construction
• Manufacturing
• Farm & Agriculture

Machine Malfunction Accident

Machines may be defective in design or made improperly and assembled with poor materials. If any workplace machine malfunctions and injures an employee, a claim can be filed against the manufacturer of the equipment, and potentially the company for lack of training or oversight.

When machines and equipment malfunction at the workplace, workers can be faced with severe injuries which can threaten their life. Poorly maintained machines made defective through use may cause crush injuries, severe burns and amputations.

Each year, hundreds of workers in road construction, mining and manufacturing lose their life or suffer permanent injuries on the job in machine and equipment accidents.

According to the National Institute for Occupational Safety and Health (NIOSH), the majority of equipment incidents at the workplace are vehicle-related collisions in the construction, mining, fracking, factory and warehouse industries.

Individuals working in these high-risk workplaces sustain a great deal more work-related injuries than other American workers. When a piece of equipment fails due to poor maintenance or incorrect maintenance procedures, your employer may be held responsible.

Workers should never be placed in a situation where they must operate unsafe equipment, and risk their life at the workplace. The potential loss of income from walking away from the job can be stressful, however, there are recourses against unjust termination in these cases.

The Occupational Safety and Health Administration (OSHA) has laws that help protect workers from retaliation from an employer that requires them to operate unsafe equipment.

Employees can file a complaint with OSHA and contact an experienced labor attorney. If an investigation finds evidence that supports a claim against an employer, the court of law is likely to compensate victims for injuries caused, lost wages and benefits, and pain and suffering.