Workers throughout the Permian Basin frequently use heavy machinery on the job. These machines are very common in the oil and gas industry as well as in the agriculture and transportation sectors. These machines must be properly used and maintained, but when safely operated, these powerful tools make many jobs possible.
However, work-related heavy machinery accidents are a frequent occurrence. And because the possible injuries sustained in these accidents can be catastrophic, it’s essential to protect your rights.
With offices in San Antonio, Odessa, TX, and Hobbs, NM, contact the Kemmy Law Firm to speak with a knowledgeable workplace accident lawyer. Our firm has helped many injured workers secure the compensation they need.
Call (830) 264-6297 today. We offer free, initial consults, don’t charge up-front fees, and only get paid when you recover compensation.
Heavy Machines Are Often Poorly Maintained
Heavy machines can last for years, but they require constant upkeep. This equipment is meant to withstand constant use by workers. However, many owners of heavy equipment often fail to take reasonable care to keep machines in safe working order. Not only are heavy machines subject to hard work, but they often are kept outdoors and subject to the elements.
It’s important for the owners of heavy machinery to take all necessary steps to prevent senseless accidents. Common failures in maintaining heavy equipment include:
- Failure to replace parts on schedule – Each machine is different and has its own maintenance requirements. Owners often cause terrible accidents when they fail to take the necessary steps to keep machines in safe working order.
- Using improper heavy machines for certain jobs – Deviating from a machine’s intended use can result in a very dangerous situation. However, this often happens when contractors or equipment owners seek to save time and money.
- Failing to replace recalled products – Heavy machines are often subject to product recalls when the machine manufacturer learns of an unsafe part or feature on the equipment.
Recklessness & Improper Training Cause Accidents
All operators of heavy machines must take special care to avoid accidents. In addition to being familiar with safe operating procedures, operators must not be distracted or under the influence of drugs or alcohol. Unfortunately, this is not always the case, and it can be difficult to know who holds responsibility for an accident. On one hand, the operator of the machine may have been careless or negligent in their work. On the other hand, it’s possible that the operator’s employer failed to properly train the worker on how to safely use the equipment.
Your employer can hold responsibility for injuries involving machinery if they failed to make sure workers were safely operating them.
A negligent employer may fail to do one or several of the following, and it could result in a serious accident:
- Make sure workers only use equipment that they are trained to safely operate
- Keep workers up to date with new safety practices regarding the machinery used
- Keep a list of safety incidents involving heavy machinery
- Discipline or remove workers who are consistently careless with heavy machinery
Machinery Accidents Caused By Product Defects
You can also be badly hurt even if you and your coworkers do everything right. Defective machines can cause a terrible accident even when operated and maintained appropriately.
In situations where the machine was either designed or assembled improperly, the company involved may be held liable. These cases can be highly technical since they require demonstrating the precise failure that resulted in your accident. Therefore it’s important to have an experienced product liability lawyer if you are trying to recover damages after being hurt by a defective machine.
Our attorneys have investigated many workplace accidents and understand how to prove that you were harmed by a defective product. Investigating an unsafe machine may mean:
- Consulting with expert witnesses – Engineering and mechanical experts may be able to testify about how the machinery in your case was poorly designed or assembled. Their opinion can be very important in a complex case involving sophisticated equipment.
- Reviewing accident reconstruction data – Reviewing a reconstruction of your accident can shed light on how defective machinery played a part in your injury. This evidence can be highly detailed, and your lawyer must consult with skilled professionals.
- Speaking with witnesses – Witnesses at your jobsite, or the assembly place of the machine, can help you lawyer understand the unsafe nature of the equipment.
A Lawyer From The Kemmy Law Firm Can Help You
Do not delay in contacting an experienced workplace injury lawyer with the Kemmy Law Firm if you are hurt while using heavy machinery on the job. Your medical bills and cost of living expenses can make life very difficult. Let us investigate the accident to determine exactly who should be held accountable.
To speak with one of our caring and knowledgeable injury lawyers, call (830) 264-6297 for a free, initial consult. We will listen to what happened, explain your legal options, and describe your next steps.
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