Get Help from an Experienced, Competent Machine Accident Law Firm Here
A machine is an implement composed of associated parts with independent roles. Here, we discuss contrivances used to execute some work activity, such as a crane’s shovel boom or mechanical apparatus. Massive machine injuries can take place in private industry, as well as in government contracting and employment. An example of a small machine causing injuries in an office setting would be a shredder machine. However, most large machine injuries occur in an industrial environment. Anyone who has worked at a Home Depot in Los Angeles has experienced the large compactor machines to incinerate returns and trash to floor forklifts. So, it’s not just workers who can get hurt when a device is involved.
For example, bystanders have been known to die or suffer severe injuries from falling objects from an overhead storage shelf. However, many large machines are used in massive industries like mining and building dwellings and structures.
So when a person needs to sue, generally, machine accidents fall into three distinct categories of law:
- Workers’ Compensation Laws (Federal and State).
- Ordinary Negligence Law.
- International and Local Admiralty Maritime Law(s)
The lion’s share of California’s large and small machine accidents will involve work comp and ordinary negligence law. As a result, most machine accidents we help with involve residential yard workers (landscapers, gardeners) and industrial job sites. Sometimes, the injuries are to a sole proprietor, and others are inflicted upon an hourly employee.
Machine Regulations Are a Floor And Not A Ceiling?
Government regulations regarding equipment and machines are intended to be a liability floor, not a ceiling. So, just because OSHA says the rules were followed doesn’t mean more could not have been done to prevent the type of harm in the situation. But because work machines are the cause or are connected to these injuries, Cal and Fed OSHA minimum standards generally govern the proper deployment, use, and maintenance of these devices concerning duties owed.
So when a duty is breached, the employer or owner is said to be statutorily liable to pay. However, local, state, federal, and other rules may remain questioned whenever a work machine becomes connected to an injury or death. Even if the safety inspector finds the regulations were followed, it doesn’t mean the defendant is on the civil liability hook. Also, cross-defendants can include machine manufacturers and repair personnel. Thus, they must follow specific machine care, maintenance, and inspection procedures.
Some Duties Owed By Machine Owners
These protocols are usually found in the owner’s/operator’s manual for the machine involved. Tailgate safety meetings and special training measures will be the end user’s responsibility. So, for every machine, each stage of its life, from creation to end-use, requires exceptional safety and use measures to protect workers and the public at large.
When a laborer gets injured by faulty or improperly maintained contrivances or faulty parts, the procedure usually involves a federal and state OSHA investigation.
Often, many people in the machine’s historical chain of creation, such as subcontractors or re-manufacturers, become jointly and severally liable to the worker or non-employee who was hurt or killed by the machine.
Some Injuries Are Caused By Machines Gone Haywire or Negligently Deployed
When an industrial machine is not fit for its particular use or is improperly used, the resulting accidents often kill or maim workers and pedestrians. Sometimes, victims escape with their lives but are left with PTSD and permanent disfigurement.
Typical machine-related injuries and disabilities we help with include:
Sadly, workers’ compensation benefits do not cover as many loss items as an ordinary negligence claim would. This is why many of the more experienced lawyers will seek other sources of compensation for everyone involved in the chain of commerce. After all, as noted, the worker can still sue third parties for their negligence and their deep pockets.
What Are Some Typical Machines That Cause Injuries To People?
You’d be surprised at the many machines that have caused injuries to our past clients.
Below is a list of the contraptions known by our staff to cause problems for others:
- Underwater Welding Machines and Decompression Chambers (Think of Drilling Platform Divers)
- Lasers. (For cosmetic, civilian, and military applications)
- Harvesting Combines grains, vegetables, & fruits.
- Wood Chippers. (Used by Landscapers, etc.)
- Shredders (Papers and documents, etc.)
- Electric and Gas Powered Forklifts
- Cement and Chemical Mixers
- Garbage Compactors
- Cranes and Booms
- Machine Presses
- Machine Lathes
- Power Grinders
- Chainsaws
- Back Hoes
- Tractors.
Transporting Machines On Highways
Some machines are too large to be allowed on freeways or highways without a special fee, license, escorts, and unique “wide load” signs. A water drilling rig is one interesting piece of machinery used extensively in agricultural operations.
Water-Well Drilling Rig Machines and DMV Transport Exemptions
There are three water-well drilling rig configurations:
- Agricultural: These remain exempt from weight fees and are not required to be issued auto license plates. (See California Vehicle Code Section 9405).
- Large Rigs: These machines are rarely transported along the highways when there are significant needs for local water supplies with no reservoir or pipe infrastructure in place. They are mostly used off highways for construction jobs. The first step is to seek a permit from the California Department of Transportation (Caltrans). Also, special construction equipment like this may be assigned Special Equipment (SE) license plates (See California Vehicle Code Section 565).
- All Others—Commercial vehicles
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