Collecting Workers Comp for Machinery Accidents –
Machinery Accidents are consistently listed in the top 10 causes of work related injuries. Our experienced Long Beach lawyers have assisted hundreds of employees obtain the workers compensation they deserve for injuries sustained in machinery accidents.
Moving gears, pneumatic presses, conveyor belts, saws & cutters, and molten materials can all result in debilitating injuries. Machinery accidents – which can lead to fractures, amputations, head & brain injuries, paralysis, crushing, and even death – are among the most devastating work related injuries. Machinery accident injuries are most commonly seen in factory or construction workers.
Can I Collect Workers Comp for a Machinery Accident Injury?
If you suffered an injury from a machinery accident while you were doing your job for your employer, you are eligible for workers’ compensation. It does not matter whose fault it was. It could have been clumsiness, or even carelessness on your part – or on the part of another employee. It could also have been the result of improper training or defective equipment. As long as you were at work or performing your work duties, you should be covered by workers compensation for injuries from a machinery accident.
Can I Hire a Lawyer to Sue My Employer in Addition to Workers Comp?
As a general rule workers comp is your “exclusive” or only remedy against your employer. There are some very limited exceptions in California where an employee can sue their employer if the employer intentionally injured the employee – or engaged in conduct so “reckless” that the employer knew the employee would likely be injured.
Additionally, if your employer did not have workers compensation insurance – which is required by law – you can hire a lawyer to sue them.
An important, and often unknown or misunderstood exception exists for suing employers in “power press” injury cases. This is a complex area of law that can best be explained by a highly experienced workers comp lawyer.
So, if you were injured at work – even if your employer and/or the workers comp insurance company told you that you could not bring a lawsuit, it is always wise to discuss your options with an experienced disability lawyer.
Can I Hire a Lawyer to Sue the Machine Manufacturer in Addition to Workers Comp?
You may be able to pursue a personal injury claim against the manufacturer of a machine that injured you if a design, manufacturing, or marketing defect in the machine caused your injury. This is called a third-party defective product claim. If a product manufacturer knew of the danger to employees and did not provide the proper warnings, the manufacturer may also be liable.
Long Beach Workers Comp Lawyers for Machinery Accidents
Our experienced Long Beach Workers Comp lawyers have decades of experience, and have collected millions of dollars for employees in Orange County and the Los Angeles who were injured in machinery accidents over the years. If you are suffering from a work related injury, and you would like to understand your options, call our workers compensation lawyers for a free consultation.