Industrial workplaces can cause severe complications and injuries to workers. Oftentimes, these injuries may result in long-term health concerns or even fatalities. Powerful machinery can become a dangerous part of the workday; therefore, it is important to understand the steps to take to get back on the road to recovery.
Understanding Traumatic Amputations
Traumatic amputations usually occur in industries such as manufacturing, construction, warehousing, food processing, agriculture, and recycling. The following equipment is often associated with these types of injuries.
- Hydraulic presses
- Conveyor systems
- Metal stamping machines
- Power saws
- Milling machines
- Industrial rollers
- Forklift attachments
- Woodworking machinery
- Packaging equipment
- Injection molding machines
- Industrial shears
- Agricultural harvesting equipment
Many of these machines contain moving parts that can cause catastrophic injuries within seconds if the proper safety initiatives are not taken.
What May Cause a Traumatic Amputation Injury
Every workplace accident has unique circumstances, but several factors often contribute to traumatic amputation injuries. Examples may include:
- Missing or removed machine guards
- Defective emergency stop systems
- Faulty sensors or interlocks
- Unexpected machine startup
- Defective equipment design
- Mechanical failures
- Lack of employee training
- Inadequate maintenance
- Failure to follow lockout/tagout procedures
- Electrical malfunctions
A thorough investigation is usually necessary to determine exactly what happened and whether one or multiple parties contributed to the accident.
When Liability Falls On an Employer
California employers are often required to provide employees with a reasonably safe workplace. This includes complying with workplace safety regulations, maintaining equipment, providing appropriate training, and implementing safety procedures. Employer-related issues that may contribute to serious machinery accidents include, but are not limited to, the following.
- Failure to maintain machinery
- Ignoring known safety hazards
- Inadequate employee supervision
- Failure to provide personal protective equipment when appropriate
- Allowing damaged equipment to remain in service
- Failure to properly inspect machinery
In most workplace injury cases, employees seek benefits through California's workers' compensation system. Workers' compensation often provides medical treatment and wage replacement benefits regardless of fault.
Equipment Manufacturers: Being Held Accountable
Some industrial accidents occur because the machinery itself is defective rather than because of employer conduct. California product liability law may allow an injured worker to pursue a claim against an equipment manufacturer when a defective product contributes to an injury.
Potential manufacturing-related issues may include:
Design Defects
The machine may have been designed without adequate safety guards or protective features that could have reduced the risk of an injury.
Manufacturing Defects
Even when a machine has a safe design, errors during manufacturing may create dangerous conditions that were not intended.
Failure to Provide Adequate Warnings
Manufacturers may have responsibilities to provide appropriate warnings, instructions, or operating guidance regarding potential hazards associated with their equipment.
Who is Liable for Injuries?
Industrial accidents sometimes involve parties other than the employer and equipment manufacturer. Depending on the circumstances, potential third parties may include the following individuals.
- Outside maintenance contractors
- Equipment installation companies
- Property owners
- Machine leasing companies
- Safety inspection contractors
- Component manufacturers
- Electrical contractors
- Vendors responsible for equipment modifications
Each party's role should be carefully evaluated during the investigation.
Maintaining Evidence and Documentation
Industrial equipment is often repaired, modified, or returned to service shortly after an accident. Unfortunately, important evidence can disappear quickly. Evidence that may be important to preserve after an accident may include:
- The machinery itself
- Machine guards
- Electronic control data
- Maintenance records
- Inspection reports
- Surveillance footage
- OSHA investigation materials
- Witness statements
- Training records
- Lockout/tagout documentation
Preserving this evidence as early as possible may help clarify how the accident occurred and identify potentially responsible parties.
Traumatic Amputation Injuries: Aftermath
Amputation injuries usually require months or years of medical care and rehabilitation. Depending on the injury, an individual may experience:
- Multiple surgeries
- Prosthetic limb fitting
- Physical rehabilitation
- Occupational therapy
- Chronic pain
- Phantom limb pain
- Permanent work restrictions
- Reduced earning capacity
- Emotional distress
- Psychological adjustment challenges
Many individuals also face lifelong medical expenses and significant lifestyle changes.
Additional Claims
An injured employee may have access to multiple legal options depending on how the accident occurred.
For example:
- Workers' compensation may provide medical care and disability benefits.
- A third-party personal injury claim may be available if someone other than the employer contributed to the injury, such as an equipment manufacturer or outside contractor.
Legal Representation
Victims who have been involved in a traumatic amputation injury because of industrial equipment should consider seeking legal guidance and support to better understand their personal injury claims. An attorney may explain applicable California laws, speak with insurance companies, and help victims get back on the road to recovery.
The Attorneys of KAASS LAW
Traumatic amputation accidents can introduce legal challenges and complications to many victims and their loved ones. Oftentimes, questions arise regarding workers' compensation, negligence, and who is to be held liable for injuries. The qualified personal injury attorneys at KAASS LAW understand the challenges that may occur from a traumatic amputation injury on industrial equipment. Contact KAASS LAW today for a confidential consultation and to learn more about your case.