Millions of workers in the United States suffer disruptive work accidents with machinery without having committed negligence on their part. It is estimated that 18,000 employees suffer work accidents each year. This can cause physical, financial, and emotional damages that not only affect you, but your entire family as well. Grupo MedLegal can assist you in this painful process.
Your Employer’s Responsibilities on Jobs with Machinery and Inherently Dangerous Equipment
Employers are responsible for carrying out risk analysis for machinery and dangerous equipment. They must take the report of this analysis and implement safety measures that help to eliminate or minimize work accidents with machinery or dangerous equipment.
Some of these measures are:
- Adequate training for all operators and workers on these machines.
- Periodic maintenance and service of machinery.
- Providing workers with appropriate equipment to operate machinery.
- Establish perimeters where only trained and adequately attired personnel can have access.
- Naming a safety supervisor to ensure that measures and regulations are followed by all.
Unfortunately, accidents with machinery happen. Although some of these accidents are minor, most of them result in amputation of fingers or hands, broken or crushed bones, wounds, or burns.
What should you do if you have been the victim of this type of accident?
After seeking medical attention, you must notify your employer, in writing, of where, how, and when this accident occurred. Your employer is responsible for investigating the accident to ensure that all facts have been appropriately documented. The steps to follow and the declarations or testimonies may affect the type of compensation you can receive. It is very important to contact a lawyer, independent of your employer, so that you can be informed of your rights. At Grupo MedLegal we have seen more than 1,000,000 people like you and have resolved cases successfully.
Different Forms of Compensation
The State of New York requires all employers (some exceptions apply) to have workers’ compensation insurance. This insurance keeps the worker from suing the employer. At the same time, this insurance guarantees that you have the right to be compensated for medical expenses incurred in diagnosing and treating your wounds. In addition, it pays you a portion of your salary: usually two thirds. This helps you but does not offer you a complete benefit.
Claim for Accidents Caused by Third Parties
In many of these cases, the employee understands or determines that his or her employer was not negligent, but a third party is at fault or liable for the accident. This third party may be the manufacturer, vendor, or company that services the parts of this machine, among others. An example of this is if you believe that your accident was caused by defective equipment, you have the right to sue the equipment manufacturer. In cases such as this one, the law permits you to sue this and other entities to recover the rest of your compensation damages, besides punitive damages.