Workers Comp & Suing Your Employer for Power Press Injury

If you have been injured at work, you have probably been told by your company (and/or the workers comp insurance company) that the only compensation you can get is workers’ compensation and that you cannot also sue your employer! It is true that in most cases, worker’s comp is the “exclusive remedy” for a worker and and they cannot also bring a separate lawsuit.

However, while in the majority of cases the Workers’ Comp is the “exclusive remedy” there are a few important exceptions when you MAY be able to sue your employer. These exceptions are important to understand, because IF you are able to bring a lawsuit, you will likely get more compensation than is awarded under workers’ comp.

Suing your employer beyond workers’ compensation is called “civil liability.” In this article our experienced Long Beach workers comp lawyers discuss the “Power Press Exception” for an employer’s civil liability beyond workers compensation.

Power Press Injuries

According to OSHA statistics, power press accidents result in approximately 500 amputations annually in the United States, making them one of the most hazardous pieces of machinery in manufacturing environments. The National Institute for Occupational Safety and Health (NIOSH) reports that about 49% of power press injuries involve fingers or hands, while 30% affect multiple body parts. Research from the Bureau of Labor Statistics indicates that nearly 75% of these injuries occur during routine operations rather than maintenance or setup, with point-of-operation injuries being the most common and severe.

OSHA data shows that approximately 70% of power press injuries could have been prevented by proper machine guarding, yet violations of power press safety standards remain among the top ten most frequently cited OSHA violations. The severity of these injuries is particularly noteworthy, with power press accidents resulting in an average of 24 lost workdays per incident, significantly higher than the 9-day average for all workplace injuries.

Tragically, the most catastrophic power press accidents often result in complete crushing of hands or arms, multiple finger amputations, or severe nerve damage that permanently disables workers from performing not only their jobs but also basic daily activities for the remainder of their lives.

What is a Power Press or Guard Workers Comp Case?

Most manufacturing facilities operate some variety of a Power Press. In California a power press is defined by law as “any material-forming machine that uses a die to press, impact, punch, stamp, or extrude material and not simply to cut material.” And a guard is defined by the courts as “any apparatus whose purpose is to keep the workers hands outside the point of operation whenever the ram is capable of descending.”

Examples of a power press guard may include: dual palm buttons operating a machine; a light curtain; and any type of actual physical barrier that makes the point of impact not accessible to a worker’s hand or other body part during operation.

Unfortunately, some unscrupulous employers will modify the design of a power press machine to increase speed or productivity. This modification often involves removing a safety guard or failing to install one. When a guard is missing, the employee operating the machine is at risk of serious injury to their hands or arms, including crushing, mutilation and even amputation.

California law attempts to protect workers by holding the employer civilly responsible – beyond workers comp – when it causes injury to an employee by the “knowing” removal or failure to install a manufacturer-required point of operation guard on the power press.

If the injured employee’s lawyer can prove that the employer gave an “affirmative instruction or authorization” to remove a required guard – or to not install a required guard – prior to the employee’s injury, then the employer can be sued in addition to the employees workers comp case.

Civil Lawsuits Can Bring Damages in Addition to Workers Comp

To successfully sue the employer, beyond workers compensation, for a power press injury the injured worker’s lawyer must present evidence that the manufacturer of the machine designed, installed, required, or otherwise provided for the attachment of the guards and communicated this to the employer. And that the employer removed or failed to install the guard according to this information.

The machine’s manual, product instructions, product warnings, and warning labels can all be evidence that the employer “knew” that required guards were missing or removed.

Remember, the “power press guard” case is a very limited exception to the exclusive remedy of workers comp. However it is worth discussing with your lawyer because the damages or “settlement” amount can be much greater than in your workers comp case alone.

For example, workers’ compensation does NOT provide compensation for pain and suffering, while a civil “power press” lawsuit may. Additionally, workers comp does not allow “punitive damages” to punish an employer for an unsafe or dangerous work environment – but punitive (punishment) amounts can be added in a civil “power press” lawsuit.

Power Press Workers Comp Lawyers

Because power press cases are an “exception” to workers comp law, they can be a complicated and sometimes misunderstood area of the law. This is why workers injured in power press accidents should seek the advice of an experienced workers comp lawyer.

If you were injured at work in a power press machinery or stamping injury, our lawyers will look at your case from every angle – to maximize your workers comp benefits and to ensure that you get the compensation you deserve from every other legal remedy for which you qualify.

If you were injured while operating a power press or any other manufacturing machinery call our experienced Long Beach workers comp lawyers today for a free, no obligation, and consultation. we will help you understand your legal rights and fight to obtain the maximum compensation for which you qualify.

Call Our Long Beach Workers Comp Lawyers: 562-622-4800

Long Beach Workers Comp lawyers serving Los Angeles, Orange County & Southern California, including: Anaheim, Carson, Bellflower, Compton, Downey, Fullerton, Garden Grove, Huntington Beach, La Habra, La Mirada, Lakewood, Lomita, Long Beach, San Pedro, Santa Ana, Torrance, Wilmington, Whittier & Yorba Linda.

(Sources: Rosales v. Depuy Ace Medical Co. (2000) 22 Cal.4th 279, 286. Bingham v. CTS Corp. (1991) 231 Cal.App.3d 56, 65.)