Working in an industrial setting can come with the risk of traumatic amputations and severed limbs if the employer or another party is negligent. Lack of proper machine guarding, for example, could cause caught-in or between machinery accidents – the
fourth most common cause of death for U.S. construction workers. If you or a loved one has suffered a work-related amputation in Dallas, our attorneys at the Law Firm of Aaron A. Herbert, P.C. can help. Call (855) 655-HURT today to schedule a free consultation with an attorney.
Why Do You Need a Lawyer?
An amputation permanently impacts your ability to work. You could lose hundreds of thousands of dollars in potential earnings over your lifetime, on top of medical bills and disability expenses. Combine these economic losses with the severe physical pain and emotional suffering of losing a limb, and you have a significant personal injury claim. A lawyer can help you maximize your recovery for an amputation injury. An attorney will make sure insurance companies do not convince you to settle for less than your case is actually worth.
Causes of Amputations in the Workplace
Working around
heavy machinery is dangerous, but should not put workers at risk of severing limbs. It is when employers, product manufacturers, coworkers, or property owners are negligent that employees can suffer serious and debilitating injuries. Negligence is the most common cause of traumatic amputations at work.
- Lack of proper machine guarding
- Lack of machine warning labels
- Defective or dangerous equipment
- Lack of proper worker training
- No personal protective equipment
- Negligent or careless coworkers
- Poorly maintained equipment
- Lack of emergency response
- Poor hazard communication standards
- Chemical leaks, fires, and explosions
The Occupational Safety and Health Administration (OSHA) finds that amputations at work occur most often around unguarded or inadequately safeguarded machines. Conveyors, power presses, printing presses, rolling machines, food slicers, drill presses, meat-cutting saws, meat grinders, trash compactors, forklifts, and shears could all cause traumatic amputations. Amputations may occur while using, cleaning, adjusting, or maintaining these machines. Explosions could also cause traumatic amputations.
Was Your Amputation Preventable?
It can be difficult to come to terms with the fact that you would still have your limb or digit were it not for the negligence of another person. Unfortunately, most amputations at work stem from one (or more) person’s acts of negligence. Although industrial machines with moving parts pose risks of amputations, these injuries should not occur with proper machine guards, equipment upkeep, and employee training.
OSHA has four standards in place that specifically cover amputations hazards in the workplace. These standards mandate all employers to protect workers through proper machine guarding, hand tool and power tool safety, agricultural equipment safety, and proper maritime operations. Ignoring OSHA safety standards in an at-risk industry could lead to preventable worker injuries – including traumatic amputations.
Who Is Liable?
Employers will be liable for most amputation injuries at work. It is an employer’s legal duty to reasonably prevent caught-in/between accidents, crushed bones, and traumatic amputations through proper workplace safety. An employer may be liable for your amputation if he or she could have done something differently to prevent your accident. Another potentially liable party is the manufacturer of the machinery that caused your injuries. If the equipment contained a defect, the manufacturer could be liable.
Contact Us Today for a Free Consultation
Traumatic amputations at work can cause a lifetime of medical expenses, pain, and suffering. With a lawyer’s help, you may be able to recover monetary damages for all your economic and noneconomic losses. You could be eligible for reimbursement for past and future hospital bills, medications, home or vehicle modifications, lost wages, lost quality of life, and emotional distress. Speak to a
personal injury lawyer at our Dallas area firm today for information about your case.
Request a free consultation.
