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Michael J. Duber and Brandon T. Duber

How can you recover compensation after a machinery accident?

Feb 17, 2023 |

It only takes a split second for a machinery accident to leave you with broken bones and other crush-related injuries. And the ramifications of one of these incidences can be life-altering. Your injuries are, of course, going to be painful, but they might also leave you with long-term physical limitations. Your inability to work will also render you unable to earn a living that would otherwise help offset the costs of your medical care.

As a result, you may find yourself uncertain about your future, leaving you extremely stressed about how you’re going to get by in the coming days and months. But you can find relief if you know how to navigate the various legal options that are available to you.

What are your legal options?

Although nobody wants to be hurt in a workplace accident, those who are hurt in one of these incidences have legal options for finding accountability and recovering compensation for their injuries. Let’s look at what you can do to protect your interests:

  1. Workers’ compensation benefits: If you were injured at work, then you probably have a strong claim for workers’ compensation. Just about every workplace accident qualifies you for these benefits so long as your own horseplay didn’t contribute to the accident and your injuries are directly tied to the workplace accident. You won’t qualify, though, if your injuries were preexisting and were not exacerbated by the workplace accident, or if your injuries are not so severe as to prevent you from working.
  2. Workplace intentional torts: Not all workplace incidents are accidents. Sometimes an employer takes action with the intent to harm workers or they take an action that they should know would lead to injurious accidents. For example, an employer who removes a guard rail from safety equipment or reduces lighting as a way to cut costs may be liable for an intentional tort if it results in an accident. Keep in mind that the compensation that you recover from one of these claims is in addition to what you can receive through a workers’ compensation claim.
  3. Violation of Specific Safety Requirement: This is a claim that you file alleging that your employer failed to abide by applicable safety regulations. If you’re successful in showing that your employer violated an applicable safety regulation, then you may be awarded compensation that ranges from 15% to 50% of your maximum workers’ compensation award. So, again, this is an award that you may be able to recover in addition to those identified above.

As you can see, then, you have a lot of ways to go about recovering the compensation that you deserve. But if you want to maximize the compensation that you recover, then you need to know how to address each of these types of claims. If you don’t, or if you pursue these in a lackluster fashion, then you may be leaving money on the table.

Are you ready to seek the financial resources that you need?

If you want to recover compensation, then the burden is on you to build your claims. In order to properly do so, though, you need to know the law, how to analyze evidence, and how to craft compelling legal arguments.

An attorney who has handled all of these claim types might be best positioned to give you the advocacy that you need to be successful. That’s why you’re encouraged to consult with a legal professional if you think that you need assistance in building your case. That way you’ll hopefully have the fighter on your side that you need to reach a desirable outcome.