Many industrial machinery accidents happen because of an employer’s negligent failure to train employees on the proper and safe use of the equipment. Industrial machinery has inherent dangers, such as lots of moving parts. Operating machinery without putting oneself in danger of a serious injury takes proper training.
If you suffered severe personal injuries or a lost a loved one in a recent industrial machinery accident, contact the attorneys at the Law Firm of Aaron A. Herbert, P.C. Failure to train may have caused or contributed to the incident, placing liability with the at-fault employer. You and your loved ones may be eligible to receive financial compensation for your losses.
When to Contact an Attorney
Do not make the mistake of thinking you can negotiate your industrial machinery accident claim on your own. Insurance companies are not on your side and want you to settle for as little as possible. They may use deny-and-delay tactics to convince you to settle for less than your serious injuries are worth. Contact an attorney as soon as you can after a workplace accident to discover the true value of your case. Working with an attorney will give you the power to negotiate a fair settlement or take your case to court in Dallas or Fort Worth.
What Is Failure to Train?
Employees need training to properly and safely operate heavy machinery. Driving a forklift, for example, is not like driving a car. Operating forklifts, cranes, tractors, hoists, conveyor belts, trash compactors, and other heavy machinery takes time, training, and practice. Inadequate employee training or lack of manager supervision in an industrial setting could result in preventable personal injury accidents.
Every employer in the U.S. has the legal duty to adequately prepare workers for the jobs they will perform. If a worker’s job involves industrial machinery, the employer must properly train the worker on how to use it according to the manufacturer’s instruction manual. This includes teaching the worker all related safety tips, and providing warnings of potential threats to health or safety. If an employer falls short of this duty, and an employee suffers injuries because of it, the employer could be liable for damages.
Employer Liability for Failure to Train
Failure to train typically falls on the employer. The Occupational Safety and Health Administration (OSHA) mandates employer compliance with certain training requirements. Several OSHA standards explicitly require employers to train employees on safety and health job aspects. An employer may be liable, therefore, for negligently failing to train a worker if that worker suffers related injuries.
It is not enough to assume that guardrails or protective equipment will prevent worker injuries. Employers must use the time and resources necessary to adequately train a worker on how to use potentially dangerous industrial machinery. If you believe your employer failed to equip you with the proper knowledge to safely operate equipment, you may qualify for compensation. You and your attorney may have to prove failure to train to obtain a settlement.
How to Prove Your Case
The burden of proof falls on the plaintiff’s side in a personal injury claim in Texas. Hiring an attorney, however, takes this burden off of you. Your attorney can gather evidence and build a case against your employer on your behalf. While pursuing a workers’ compensations settlement could save you from the hassle of proving negligence, it may not result in adequate financial recovery. A personal injury lawsuit against a negligent employer could yield better results – especially with an attorney’s representation.
Request a Free Consultation
Failure to train can prove fatal when it comes to operating industrial machinery. Employees need certain knowledge and skills to safely use cranes, forklifts, and other heavy equipment. If you believe failure to train caused your recent accident and injuries, contact us to discuss your case. Initial consultations are always free.