Workplace Injuries Due to Defective Machinery
Workers in many different industries, including manufacturing and construction, regularly rely on the machines their employers provide to perform their jobs. When these machines fail, the consequences can be catastrophic. Workers may fall from heights, be crushed by the machines, suffer electric shocks, and experience other severe consequences.
Our Pittsburgh work injury lawyers help injured workers file workers’ compensation claims and product liability claims when defective machinery causes harm. We also seek workers’ compensation death benefits from employers and file wrongful death actions against the manufacturers and any other responsible parties and maintenance providers.
What types of machines can cause workplace injuries?
Almost any type of machine that helps workers with their jobs, from mechanical devices and vehicles to robots and complex technology, can cause injuries or deaths if the machines are defective.
Examples of machines that may be defective include:
- Bulldozers, cranes, forklifts, and other moving vehicles
- Ladders and scaffolding
- Power tools
- Milling machines
- Saws
- Power presses
- Conveyor systems
- Material handling equipment
- Concrete mixers
- Drilling equipment
- Assembly line machinery
- Industrial machines
- Agricultural machines
- Construction equipment
What types of injuries can defective machines cause?
Machines can cause catastrophic, permanent, and serious injuries depending on the type of machine and many other factors.
Some of the many possible injuries due to defective machines include:
- Traumatic brain injuries, concussions, and other types of head trauma
- Spinal cord injuries, including paralysis and herniated discs
- Traumatic amputation/loss of limb
- Broken bones/fractures
- Electric shock, including fatal electrocution
- Lung, kidney, spleen, and other organ damage
- Third-degree burns
- Crush injuries
- Chemical exposures
- Loss of vision
- Loss of hearing
- Repetitive stress injuries
- Death
We work with your doctors to understand the full scope and severity of your injuries, when and if you’ll ever be able to return to work, how your injuries are affecting your ability to work and every part of your daily life, what medical care you will need for the rest of your life, and what complications may arise.
What types of claims can I file if defective workplace machines cause injuries or the death of a loved one in Pittsburgh?
Workers’ compensation claims
Employees who suffer workplace injuries due to defective machines can file a workers’ compensation claim for medical coverage, temporary benefits, and permanent disability benefits if they have a qualifying permanent disability. The core requirements for filing a workers’ compensation claim in Pennsylvania are:
- The worker must be an employee
- Their injuries must be due to a workplace accident or activity they engaged in that’s within the scope of their employment
- The workplace accident or activity must cause their injuries
There is no requirement to prove fault. Workers’ compensation benefits include all of the worker’s reasonably necessary medical bills and typically 2/3rds of their lost wages while they can’t work. Workers may be eligible for permanent disability benefits based on their type of injury and the severity of the injury.
The family of any employee who dies due to defective machinery or any type of workplace accident is eligible to receive up to $7,000 for the funeral and burial costs. Depending on the exact relationship, the beneficiaries (generally, the spouse and children, and possibly dependent parents and siblings) receive a percentage of the worker’s average weekly wages. Payments to a spouse continue for the spouse’s life (if the spouse remarries, the spouse receives a lump sum amount). Payments to children continue until they’re 18 (or 23 if attending school full time) or for life if the child has a disability.
Personal injury claims or manufacturer liability
Employees and independent contractors can both file product liability claims against the manufacturers of defective machines. Manufacturers may be strictly liable (no need to prove fault) if the machine is defective and the defect causes harm. Manufacturers may also be liable if they breach any warranties they gave regarding the machinery or if they were negligent because they failed to follow safe industry standards, or for other reasons.
Manufacturers, distributors, and retailers may all be strictly liable if a defect in the product causes the workplace injury.
Repair and maintenance companies
These companies may be liable to employees and independent contractors if they fail to properly repair workplace machines or fail to properly inspect the machines and keep them in good working order.
Employer liability
Companies that hire independent contractors are generally not liable for the contractor’s negligence, unless they retain control over the means and methods of the work or otherwise act negligently (for example, under PA’s retained-control doctrine).
The damages in personal injury claims include medical expenses, provable past and future lost earnings (subject to comparative negligence and mitigation), pain and suffering, and related losses.
Wrongful death claims
If defective machines cause the death of your loved one, we file wrongful death claims on behalf of the family members against the manufacturers and any negligent repair or maintenance companies. The families of independent contractors may file wrongful death claims against any negligent parties, including employers, if a legal duty was owed and breached.
Wrongful death damages include funeral/burial and the beneficiaries’ loss of support, services, and society; lost earning power (less personal maintenance) is typically recovered in a survival action. The beneficiaries are determined by Pennsylvania’s intestate laws. The beneficiaries generally include the spouse, children, and the parents of children who were not married and did not have children.
If your loved one lived for any amount of time after the accident before passing away, we also file a survival action on behalf of your loved one’s estate. Survival damages include the medical bills between the time of the accident and your loved one’s death, any income loss, and the pain and suffering of your loved one.
Steps to take after the accident
Workers should promptly notify their employer, supervisor, or manager after any machinery accident. If safe to do so, you should take photos of the machinery and your injuries. You should seek immediate medical attention at the nearest emergency or burn center. To the extent possible, you (or your employer) should preserve the machine so experts can examine it for defects.
Our experienced trial lawyers are ready to help. Please call us or use our contact form to schedule a free consultation. We handle defective workplace machinery claims on a contingency fee basis.