Construction workers and others working in industries involving heavy machinery can suffer serious and life-altering injuries due to equipment malfunction. Victims can file workers’ compensation claims in order to cover medical costs and lost wages from such accidents.
As these injured workers may also have recourse to third-party negligence claims against manufacturers of equipment and parts which caused accidents, it is essential that manufacturers are knowledgeable and prepared for this possibility.
Equipment Defects
Modern construction sites rely on numerous types of tools and machinery to safely complete tasks in challenging environments. To perform safely, these devices must be designed and manufactured according to strict specifications before being regularly inspected and maintained in order to reduce risks of accidents or injuries.
Even with best efforts, equipment malfunctions on construction sites can still cause severe injuries. These malfunctions often stem from something wrong in design, manufacturing, or the assembly process – particularly those involving heavy machinery like cranes, forklifts, bulldozers or hoists – and these defects can be particularly dangerous.
Construction injury victims may also pursue third-party claims against manufacturers of defective equipment or parts to receive additional compensation that covers medical expenses, pain and suffering damages, lost wages and other damages. You can click the link for more information on insurance for machines that may be relevant to your business. A professional attorney can offer expert guidance on this issue.
Maintenance Issues
Construction company owners, general contractors, subcontractors and equipment manufacturers and repairers all share responsibility for maintaining equipment in good working order to avoid on-the-job accidents. Failure to do so could have serious repercussions.
Sometimes a simple inspection isn’t enough to detect issues; for instance, slow fluid leaks might be hidden beneath equipment that remains stationary (e.g. a power tool). Simply inspecting the exterior or top surfaces won’t do.
Equipment may also be compromised due to design defects. These errors occur when something goes amiss during the design, assembly or manufacturing processes and typically affect a certain percentage of equipment produced at any given time.
For example, a power tool with an unsafe cord design could put users at risk of electrocution; those working with such tools require instructions and warnings in order to use them safely.
Employer Responsibility
As a rule, employers have an obligation to create safe workplaces and work areas. This includes making sure all machinery and equipment is operating at peak condition without any hazards present, providing information, instructions and training programs so workers can better identify potential risks, understand them and mitigate against them.
Experts suggest employers establish policies which require employees to notify them immediately of any damage or loss of company property, and this policy must state clearly that exempt workers should not face deductions from their salary as a result of damaging or destroying it.
Employers also bear the responsibility of ensuring all their employees receive adequate training and are familiar with safety protocols, which includes making sure no employee uses equipment improperly or under the influence of drugs or alcohol. Manufacturers likewise bear this duty in providing clear warnings of their products’ hazards to all their customers.
Third-Party Liability
Construction sites are bustling environments in which numerous workers and contractors collaborate with large machinery to complete projects. This creates inherent risks of accidents or third-party damages which cannot be covered under workers’ compensation laws or an individual business owner’s policy (BOP). You can visit this site for more information.
Accidents due to contractor negligence may arise in numerous ways, including negligent hiring practices, failing to train workers properly or violating national standards – in such instances a construction accident lawyer can help determine vicarious liability.
Accidents may also result from equipment deterioration and its lack of adequate maintenance. Over time, machinery can begin to break down, leading to crushing or degloving injuries if left deteriorated and unmaintained.
Additionally, contractors often underestimate their equipment’s actual cash value for insurance purposes and this can create gaps in coverage should a loss occur. Consulting with an established broker can ensure each piece of equipment is listed with its true and accurate ACV value.
Establishing Liability
When mechanical failure results in an accident, various parties can be held liable.
If the problem was caused by a manufacturer, they can be held liable under product liability laws if they knew about the defect but failed to issue a recall notice when necessary. Drivers also bear responsibility for their own actions and could be held accountable if they neglect scheduled maintenance or disregard warning signs that could have prevented it.
Independent mechanics and shops may also be held liable for mechanical failures caused by negligent repairs, including those using subpar parts or substandard workmanship.
After being involved in an accident, your initial step should be contacting your insurer to report it and request all the relevant information. Your insurer should assign a claims representative who will help guide you through this process and collect any needed details.
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