Factory workers put their health and safety at risk every day that they show up to their jobs.
They often perform dangerous work and don’t always know whether their employer has a demonstrated commitment to safety. Accidents happen, even when employers observe all safety regulations, but they occur more often when their employer disregards safety rules in an attempt to grow their profits. If you have been injured on the job, you may file a workers’ compensation claim. Depending on the facts, you may even be able to file a lawsuit against the third party. Contact an experienced Jacksonville workers’ compensation lawyer at Horton & Mendez Injury Attorneys to learn more about your legal rights.
Overview of Common Factory Injuries
Working in a factory is one of the most dangerous professions in the US. Not only is there heavy machinery in use, but employers may also take shortcuts to keep production running.
Sometimes, they may view safety measures as a cost that reduces their profits, notwithstanding state and federal laws to the contrary.
In 2022, 404 manufacturing workers lost their lives on the job. According to OSHA, 26% of hospitalizations and 57% of amputations were endured by manufacturing employees.
Common factory injuries can result from accidents or from the daily rigors of the job, including the following:
- Slip and falls: There can be numerous substances on the floor and debris in walking paths that can cause falls.
- Machine injuries: Body parts may get caught in machines, leading to serious injuries and amputations. You may also be able to file a lawsuit if you were injured by a defective machine.
- Exposure to harmful substances: Factory workers may be exposed to chemicals that can cause respiratory illness and other diseases.
- Burns: Workers may be injured in explosions, fires, or exposure to electricity.
- Vehicle accidents: Employees may be run over by mechanized equipment or could be struck by a vehicle on the job.
In addition, factory workers commonly suffer injuries from overuse and repetitive motion. For example, employees that routinely lift heavy objects could develop tendonitis or bursitis. They could also be injured by a sprain or strain when doing physical labor.
Factory injuries can keep a worker from the job for an extended period of time. Some may not be able to return to work again.
OSHA Regulations for Factory Jobs
The Occupational Safety and Health Administration (OSHA) has an extensive set of regulations intended to protect factory workers. Employers must follow these rules or face enforcement actions from OSHA. However, you usually cannot sue your employer if they do not follow OSHA rules.
Some relevant OSHA regulations that are in place to protect factory workers include:
- Employers must provide factory workers with personal protective equipment
- Machines must have guards to protect against injury
- Each employer must have safety training for employees
- Manufacturers must provide respiratory protection equipment when there are airborne hazards
- Equipment must be locked and tagged when it is undergoing maintenance so it cannot be used
- There must be color-coded signs to warn employees of hazards in certain areas
OSHA may investigate when a worker files a complaint, and the employer cannot retaliate against the employee. In addition, OSHA may also send inspectors to the facility without notice to conduct their own investigation.
The Importance of Regular Safety Training
Safety management is crucial for employers to protect their workers. The nature of hazards in the workplace may evolve over time. It is important that employees always know about the current hazards and how to deal with them.
Employees should have general safety training that orients them to the specific workplace. In addition, employees who perform certain tasks should also have specific training in those areas.
Supervisors may need their own training as they guide employees and work to keep them safe.
Regular safety training can include:
- Peer-to-peer training from people who perform the same job
- On-the-job training from supervisors and safety specialists
- Safety demonstrations to convey concepts and make employees aware of hazards
- Training courses over a computer
Every employee and supervisor must know their role when it comes to safety. Each person may have their own specific function to perform.
Legal Remedies for Factory Injuries in North Carolina
You may be entitled to some form of financial compensation for a factory injury, but the type of compensation you may receive depends on whether someone was responsible for your injury and who it was. You can file for workers’ compensation benefits even if you were at fault for the injury. Workers’ compensation benefits are also your remedy if your employer was to blame since you cannot sue them in a personal injury lawsuit.
If a third party was to blame for your factory injury, you can file a personal injury lawsuit against those parties. It is usually in your interest to file a personal injury lawsuit because it could result in more compensation if you win. You can be paid for the full amount of lost wages and your non-economic damages. In any case, if you do not win your case, you can continue to receive workers’ compensation benefits.
Workers’ Compensation Benefits for Injured Factory Workers
If you successfully file a workers’ compensation claim, you may receive the following benefits:
- Two-thirds of your lost wages (up to a statutory cap)
- Reasonable medical expenses to treat your injury
- Vocational training if you need to learn a new job
- A death benefit if a family member was killed in a factory accident.
Contact Our Experienced Jacksonville Workers’ Compensation Lawyers Today
If you are a factory worker who has been injured on the job, you may be entitled to workers’ compensation benefits. You should consider hiring an experienced workers’ compensation attorney to help you file your claim, and certainly, if your claim was denied, you need to appeal.
To speak with a lawyer who can help you, contact Horton & Mendez Injury Attorneys to schedule a free initial consultation. You can reach out to us online or by calling us today at 910-405-7751.
