Machinery Accidents: Workers’ Compensation and Third Party Claims
Jobs that involve the use of heavy machinery are associated with the risk of injury. For injured workers, these injuries are typically covered under workers’ compensation insurance and/or a third party claim.
If you work in a field where you come into contact with heavy equipment or machinery, you are at a greater risk of injury than if you worked in other fields. Whenever a worker uses equipment involving moving parts, they can get hurt. It only takes one malfunction or one small mistake by a co-worker to cause a serious injury or death.
Industrial accidents happen every day – no matter whether a removable guard was taken off, if a safety warning label was removed or if a piece of clothing got caught in a moving part – the potential hazards are limitless when you work with heavy machinery. Unfortunately, man doesn’t stand a chance when they are mauled by a sharp moving object.
Machinery accidents typically result in serious, life-threatening injuries. A typical injury sustained in a factory or other industrial occupation is an amputation injury. People can easily lose a finger, hand or arm in a machinery accident. If these injuries are not treated immediately, they can have devastating consequences.
Living without a finger,or limb interrupts a person’s entire life. It can destroy their ability to earn income and care for themselves, let alone their family. Most workers who are injured at work have someone depending on them, therefore machinery accidents not only affect the worker, they affect his or her family as well.
Considering the long hours the typical factory worker works – it’s only a matter of time before someone gets hurt. Machines are not infallible, nor are their operators. Machines have to be maintained and people have to remember to operate them properly. When there is any error in this chain, someone is going to get hurt.
Employers know this, and history has proven it, that’s why there is workers’ compensation insurance.
Workers’ compensation is a “no-fault” system. This means that workers are covered regardless of who was at fault. If you have been injured in a machinery accident, you should contact a personal injury attorney right away. Your attorney can explain the entire process to you, as well as finding out if you are eligible for a third party claim.
What is a third party claim? Third party claims are separate and distinct from a workers’ compensation claim. In some cases it is the manufacturer of the equipment or a sub-contractor that is liable for the accident. When this happens, you have the right to pursue damages in a third party claim. In fact, workers’ compensation claims have a cap on how much money you can collect – whereas third party claims do not. Your attorney will be able to protect your rights and help you secure fair compensation.
ABOUT THE AUTHOR: Steven J. Morton & Associates, LTD.
The Law Offices of Steven J. Morton & Associates, Ltd. is a personal injury firm located in Chicago, Illinois. They are a small firm with big firm results. With over 60 years collective experience, they have helped their clients received millions of dollars in compensation over the years.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.