
Many employees work with various equipment and heavy machinery every day. Workplace safety is paramount and should be a constant concern for both employees and employers. An accident involving equipment and machinery can result in severe and devastating injuries as well as legal repercussions for any negligent party. Determining who is liable for an accident of this caliber is vital. If you were involved in a workplace accident you may be entitled to compensation for your injuries. Speak with a Rockland County workers’ compensation lawyer for legal advice and skilled representation during your accident claim.
What is OSHA?
There are both federal and state laws, in addition to industry-specific regulations, that govern safety procedures in the workplace. OSHA is the Occupational Safety and Health Administration. It is an agency within the United States Department of Labor that creates and enforces workplace standards to ensure the protection of workers in various occupations. While OSHA does not have the power to determine liability for any injuries or illnesses, the guidelines set forth by the administration can be referenced when determining what role your company or employer played in your accident.
Who is Liable for My Equipment and Machinery Accident?
After a workplace accident involving equipment or heavy machinery, liability can be extended to various individuals and entities. Consider the following groups who may be held responsible for an employee’s accident.
1. Employers
Your employer has a responsibility to provide all employees with a safe working environment. This includes machinery and equipment that operates properly and does not contribute any harm to its users. If your injury was caused because your employer failed to comply with safety regulations, did not provide workers with adequate training, was negligent in their supervision, or did not conduct regular and proper maintenance of machinery, they could be held liable for your injuries.
2. Manufacturers
A company that was responsible for designing, manufacturing, or supplying the equipment could also be found liable. Any defects or failures that contributed to the accident could have been caused by negligent behavior on their part.
3. Subcontractors:
There are often subcontractors working on projects and providing a skill that is necessary for production. However, if any behavior on their part contributed to your accident or injuries they could be held somewhat responsible.
Common Causes of Workplace Equipment and Machinery Accidents
OSHA requires employers to conduct regular inspections of equipment to ensure the safety of workers who use the machinery, but defects and accidents can still occur. Below are some common causes of accidents.
- Lack of proper protective gear
- Machine malfunction
- Lack of supervision
- Improperly maintained equipment
- Inadequate training
- Unsafe working conditions
If you were injured in a workplace accident involving equipment and heavy machinery contact a skilled personal injury lawyer to learn about your legal options.