While working in a manufacturing plant is demanding, you rarely expect a routine day on the job to end with a serious injury. When you get into a workplace accident, it could often be a result of faulty equipment or third-party oversight.
New York law allows you to go beyond workers’ compensation and file a claim against the at-fault manufacturer or contractor. Following the requirements is key to safeguarding your health and your future.
Common injuries manufacturing workers sustain
Operating heavy machinery for long hours can put you in constant danger. However, the hazardous nature of your work means that safety should be a priority. When tools and equipment are poorly made or maintained, the risk for the following injuries increases significantly:
- Crushing injuries and amputations
- Electrical shocks and arc flashes
- Lacerations and degloving injuries
- Thermal and chemical burns
- Repetitive stress and vibration injuries
Matching your specific injury to a manufacturing equipment can make it easier to prove that a machine is defective.
Kinds of third-party negligence
While your employer has a duty to keep the workplace safe, sometimes an accident is not their fault. A vendor or independent contractor could be responsible for your injury. It is possible that you were working with defective machinery that the supplier failed to warn you or your employer about.
The outside firms your employer hired to repair or inspect equipment could also be at fault if they failed to find and fix possible hazards. In some cases, third-party retailers or logistics providers operating in your facility may contribute to the incident through unsafe handling or improper placement of equipment.
Understanding your legal rights in New York
While filing for workers’ compensation provides payment without proving fault, it may not cover the full extent of your pain, suffering and long-term loss of earning capacity. You also have a right to pursue a personal injury claim against the third-party manufacturer or contractor who made a mistake.
If you contributed to the accident, you can still recover damages. Because New York follows a comparative negligence rule, you remain eligible for compensation even if you were partially at fault.
Your immediate actions as the injured worker
After a machinery accident, being proactive can help protect your health and your case. Reporting the accident and clearly identifying the machine involved can create an official record.
It is crucial to prevent repairs, changes or disposal of the equipment before an expert inspects it. The machinery often shows important evidence. Additionally, getting the names and contact details of witnesses can help you get testimonials to strengthen your claim.
Enforcing responsible manufacturing practices
You do not have to choose between your physical health and financial stability after a serious equipment failure. Filing a personal injury claim helps you secure the compensation you need while holding the negligent party accountable. A lawyer can help you file OSHA safety reports and preserve the evidence necessary for your case.