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Equipment Malfunction

Posted by on Mar 10, 2017 in Personal Injury | 0 comments

Operators Lacking in Experience is never an Excuse in the event of Equipment Malfunction

Construction is progress, and progress requires fast action; but, as construction firms face the challenge of erecting taller and more complex edifices, many workers are forced to render longer work periods, resulting in fatigue which, in turn, often compromises safety in the workplace.

Heavy machinery is a must in construction areas as this help the construction industry accomplish more at a much faster rate. Heavy machinery may include cranes, road rollers, crawlers, excavators, caterpillar, loaders, forklifts, concrete mixer, and bulldozers. Due to their huge sizes, however, any of these can cause a disabling or fatal injury if operated wrongly or by an untrained and careless worker.

Recognizing the risks of accidents and injuries that employees, but most especially construction workers, are exposed to everyday the US Congress established in 1970 the Occupational Safety and Health Act (or OSH Act) which, in turn, gave rise to the Occupational Safety and Health Administration (OSHA).

OSHA’s task is to ensure the safety of all working men and women through the creation and maintenance of a safe and healthy working environment; it is charged to set and enforce standards that will keep the workplace, as much as possible, free from accident-causing injuries.

It is clear, however, that having an accident-free working environment is quite impossible for, despite OSHA’s work, state laws and employers’ efforts, the US Department of Labor still received reports of as many as 4,585 fatal work-related accidents for the year 2013.

Records from the Department of Labor also shows that being struck by an object and getting caught in or between objects are among the top causes of deaths in construction sites (falls is number one) and that more than half of all construction site accidents involve employees who are in their first year of employment.

The law firm Clawson & Staubes, LLC: Injury Group points out that “Construction workers frequently have to operate motor vehicles and heavy machinery while working on construction sites. Additionally, heavy machinery often involves coordination by multiple contractors and subcontractors involved in the use, rental, maintenance, and operation of on-site equipment. Understanding the duties and responsibilities of each contractor or subcontractor requires expertise.”

This is why operators of heavy machinery lacking in experience cannot be an acceptable reason for an accident, especially since OSHA also mandates that all employees should receive training about their job. Though workers, who get hurt in an accident or develop an occupational illness, may claim financial benefits through their employer-sponsored Workers’ Compensation Insurance benefit, this is never an excuse for any employer or anyone in the construction workplace to be negligent of his/her responsibility in helping keep the work area safe for everyone.

Consulting with a highly-skilled construction accident lawyer or personal injury lawyer may help injured victims understand their legal rights and the best legal action they may be able to pursue.

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