A Workplace Machinery Accident and Understanding Your Rights

By Prev Info - February 28, 2022

In the state of California, there are teams of Los Angeles personal injury attorneys who specialize in workplace accidents and it is a sad but true fact that accidents involving large scale industrial machinery are on the increase. So if you have been involved in a work related accident involving heavy machinery what can you do, and what are your rights?

In many cases, accidents in the workplace will come under the guise of workers compensation. When an injured person files a claim through workers comp it doesn't involve the services of a lawyer, as payout normally comes through the company's insurance broker. It is classed as a 'no blame' compensation claim, and means that as long as the owner of the company is not deemed to be grossly negligent, then they cannot be held responsible. It is done this way so that any injured persons can have access to quick and easy payment (usually within 72 hours) without having to go through lengthy litigation processes.

If on the other hand you have had an accident involving machinery and have been injured through no fault of your own, then you should call upon the services of a skilled LA personal injury lawyer. The reason for this is that a separate claim may well be filed for the accident that can run alongside a workers compensation claim. For this to be the case, your attorney has to make certain of a few facts.

Was the machine operator at fault?

In many cases accidents involving industrial machinery are down to human error (usually the operator). Either through not following the correct safety procedures, or through not wearing correct safety gear (if applicable). If this is deemed to be the case, then a lawyer will tell you that it could be difficult to file a separate claim.

Was the machinery itself faulty?

In some instances, the cause of the accident may be down to faulty equipment. If this is the case, then your lawyer will have to look into this further. Firstly they will check to see whether the fault is down to bad maintenance, or that a fault had been reported or hadn't been repaired. In this situation, blame could lie with the company owners. Alternatively, it may be that there could be a manufacturing defect which has caused the injury. If it is deemed to be a manufacturing defect, then a claim could be filed directly against the manufacturer for rolling out a faulty product

Are there any external resources?

Finally a skilled Los Angeles personal injury attorney might look to see if there were any other underlying circumstances which might have caused the accident to happen. A good example of this is if corners had been cut when it came to health and safety. An unscrupulous business owner might be operating machinery beyond the realms of safety in order to speed up output and improve productivity. Or they might look into whether the injured party had sufficient training on the machinery prior to their accident.

Clearly the first thing that you should do after an accident involving industrial machinery is to seek medical attention and only then should you think about your next course of action. The next step is to contact an experienced lawyer who is used to dealing with such issues. They will arrange a free consultation with you. If you cannot get to the law offices because of your injury, then your lawyer will either come to the hospital, or to your home. From here they will discuss the case with you, and formulate a course of action. You can also use this time to answer any questions or voice any concerns that you may have.

After deciding on a course of action your LA personal injury lawyer can call upon a whole host of independent professionals who are able to help with the case. People such as machinery design experts, safety and health specialists and medical experts can all be enlisted to help with the case. From their findings your lawyer will be able to ascertain where the negligence lies, and can file a claim based on this evidence.

A successful claim can go over and above any amount of money that you would get for workers compensation and can cover circumstances such as loss of wages, ongoing and future medical treatment, loss of future wages if you are unable to carry out the same job because of your injury, and any punitive damages filed directly against the negligent party for any unnecessary stress and anguish caused due to the accident. 

The results are that you could find yourself receiving a compensation package that goes above and beyond anything you imagined, and although this is not meant to 'make up' for your accident the right compensation can and will help you to move on. This is what a skilled team of Los Angeles personal injury attorneys can do for you and this is why it is imperative that you make the right choice.





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