Various factors have put American manufacturing back in the spotlight. These include global conflicts, supply chain disruptions, changing trade policies, and renewed investment in domestic production. With the rise of new factories and the expansion of production facilities, many debate what the world may look like in the future. Understanding the legal issues that may arise surrounding industrial accidents can help workers who have become injured on the job better navigate their legal rights and responsibilities moving forward.
An Overview
Manufacturing environments are among the most complex workplaces in the country. Employees often work around the following.
- Heavy machinery
- Robotic manufacturing systems
- Forklifts and industrial vehicles
- High-voltage electrical equipment
- Pressurized systems
- Industrial chemicals
- Elevated work platforms
- Conveyor systems
- Welding operations
- Large construction equipment
As facilities expand production or add new employees, companies may experience challenges including but not limited to:
- Accelerated hiring
- Less experienced workers
- Increased production demands
- Overtime fatigue
- Equipment operating for longer hours
- Maintenance delays
- More contractors working simultaneously
None of these factors automatically mean an employer violated safety rules. However, they may increase the likelihood of workplace accidents if appropriate safety measures are not consistently followed.
Types of Injuries after an Accident
Industrial accidents can produce some of the most severe injuries. Common injuries may include but are not limited to the following.
Crush Injuries
Workers may become trapped between machinery, forklifts, storage racks, or heavy equipment, resulting in fractures, internal injuries, or permanent disability.
Amputations
Power presses, conveyor belts, industrial saws, and manufacturing equipment can cause traumatic amputations involving fingers, hands, arms, or legs.
Severe Burns
Workers may suffer the following types of burns.
- Chemical burns
- Electrical burns
- Thermal burns
- Steam burns
- Explosion-related injuries
Burn injuries often require extensive medical treatment, skin grafts, and long-term rehabilitation.
Traumatic Brain Injuries
Falls, falling objects, explosions, or equipment failures may result in traumatic brain injuries (TBIs), ranging from concussions to permanent cognitive damage.
Spinal Cord Injuries
Falls from elevated platforms, collapsing structures, or machinery accidents can lead to spinal injuries that permanently affect mobility and independence.
Toxic Chemical Exposure
Industrial facilities frequently utilize chemicals, solvents, heavy metals, and airborne particulates that may cause immediate injuries or long-term occupational illnesses.
Electrocution
Electrical systems, temporary construction power, and high-voltage equipment may present significant hazards for industrial workers.
Fatal Workplace Accidents
In addition, some industrial accidents result in fatal injuries, leaving families facing emotional and financial hardship.
Who is Liable?
Many workplace injuries are managed through California's workers' compensation system. However, depending on the circumstances, additional parties beyond the employer may also be held responsible. Potentially responsible parties may include but are not limited to the following.
Manufacturers
If defective machinery, faulty safety guards, or design defects contributed to an accident, a product liability claim may exist against the manufacturer or distributor.
Examples of this can include:
- Defective forklifts
- Malfunctioning presses
- Unsafe conveyor systems
- Faulty industrial tools
- Defective safety devices
Contractors and Subcontractors
Large manufacturing and construction projects often involve numerous contractors working together. If another contractor creates unsafe working conditions that contribute to an injury, they may potentially share legal responsibility depending on the facts of the incident.
Property Owners
Some industrial facilities are leased rather than owned by the operating company.
Property owners may have responsibilities regarding certain dangerous property conditions, structural defects, or maintenance issues under applicable law.
Maintenance Vendors: Negligence
Outside maintenance vendors responsible for inspecting or repairing machinery may potentially bear responsibility if negligent maintenance contributes to equipment failure.
Trucking Companies
As manufacturing expands, trucking activity also increases. Industrial accidents involving the following may involve trucking companies or logistics providers in addition to the employer.
- Loading docks
- Tractor-trailers
- Freight handling
- Shipping yards
- Warehouse operations
Workers' Compensation and Third-Party Personal Injury: Differences
Many injured workers believe workers' compensation is their only legal option. In some situations, that is true. However, there are circumstances where an injured worker may have both:
- A workers' compensation claim through the employer, and
- A third-party personal injury claim against someone other than the employer.
Examples may include:
- Defective machinery
- Negligent subcontractors
- Unsafe property conditions
- Motor vehicle collisions during work
- Equipment manufacturers
- Outside maintenance companies
Each situation depends on its own facts, and determining whether additional legal claims may exist often requires a careful review of the accident.
Safety on the Job
The Occupational Safety and Health Administration (OSHA) establishes workplace safety regulations designed to reduce preventable injuries. Depending on the industry, OSHA standards may address issues such as:
- Machine guarding
- Lockout/tagout procedures
- Fall protection
- Electrical safety
- Personal protective equipment (PPE)
- Hazard communication
- Respiratory protection
- Chemical handling
- Employee training
- Recordkeeping
OSHA investigations and citations may provide important information following serious workplace accidents.
Accidents in Industrial Sites
Industrial accidents often involve multiple companies, extensive documentation, maintenance records, surveillance footage, engineering evaluations, and witness testimony. Prompt investigation may help preserve important evidence regarding:
- Equipment condition
- Safety inspections
- Maintenance records
- OSHA compliance
- Incident reports
- Training documentation
- Manufacturer specifications
- Contractor responsibilities
Understanding how an accident occurred can be an important step in evaluating available legal options.
Seeking the Support of a Legal Professional
Workplace hazards, including injuries that occur in factories, warehouses, refineries, construction sites, or other industrial settings, can cause severe or sometimes life-threatening injuries to workers. If you've experienced a workplace injury, it may be best to speak to a legal professional who can help you understand your rights and responsibilities for the legal process. A qualified personal injury attorney may review the facts of your case, speak with insurance companies, and identify potentially liable parties when injuries occur.
KAASS LAW and Our Legal Team
Understanding the importance of a strong and safe economy and workplace is crucial to living a prosperous life. It is important that every worker can return to their home safely and with a sense of peace. KAASS LAW understands the importance of being able to uphold that responsibility and safety while ensuring that companies are liable when accidents occur. Call KAASS LAW today to learn more.