Machinery Accidents

How Machinery Accidents Happen to Florida Workers

Potential causes of machinery accident injuries include:

• Poor maintenance: Machines in disrepair are more likely to malfunction and cause injuries.
• Lack of training: Employers must ensure workers are adequately trained in safe machine operation.
• Lack of safety gear and equipment: Since heavy machinery is so dangerous, your employer should provide you with any personal protective equipment (PPE) necessary to keep you safe. They should also equip the machine with any appropriate safety gear, such as brakes, locks, or guards.
• A cluttered workspace: If the area where the machine runs is very messy, your risk of tripping or knocking something over increases, which in turn makes running the machine more hazardous.
• Inattention: Whenever you are operating or close to machinery, it is vital that you pay attention to what you are doing. Avoid horseplay, and do not let yourself get distracted by coworkers, cell phones, or anything else.
• Exhaustion: If the employer fails to provide workers with proper breaks and rest periods, the worker may become too fatigued to operate the machine safely.

Machinery accidents are all too often the result of preventable negligence or carelessness. You can file a claim for workers’ compensation for machinery accidents in Florida regardless of who was at fault, but it is still a good idea to investigate the cause of your injury, as this can determine if you are entitled to take legal action beyond filing a workers’ comp claim.

How Common Are Heavy Machinery Accidents?

The Occupational Safety and Health Administration (OSHA) reports that accidents involving heavy machinery account for a sizable portion of workplace injuries and deaths each year.

For example, being “caught in running equipment or machinery during regular operations” was the third most common cause of severe injury accidents among Florida workers in 2022. Forty-five workers were injured in this way. “Contact with objects and equipment” killed 33 Florida workers that year, per the U.S. Bureau of Labor Statistics (BLS).

What Kinds of Injuries Result From Machinery and Equipment Accidents?

Of the 45 severe machinery-related injuries cited by OSHA, almost all of them were hand injuries. The reason is self-evident: workers operate machinery with their hands, so fingers, wrists, and internal parts that make up a person’s hand (bones, tendons, nerves, etc.) are the first parts to sustain injuries when something goes wrong.

According to OSHA, the most common hand injuries related to machinery accidents are:

• Amputations
• Crushing injuries
• Bone fractures

Types of Machinery Accidents That Florida Workers May Suffer

Construction sites, manufacturing centers, and industrial facilities are just some of the workplaces that use an array of complex and heavy machinery. Those who spend their days around machinery are more likely to suffer accidents like:

• Getting caught in/between machinery
• Entrapment or entanglement
• Falling or flying objects
• Explosions and fires
• Exposure to harmful substances
• Fatal workplace incidents

For those who work around heavy machines, one mistake—on anyone’s part—can result in serious injuries. In high-risk jobs like these, there are no second chances when something goes wrong. This means guarding against negligence is of the utmost importance.

The Florida workers’ compensation lawyers from our firm can help explain your rights if the worst happens and you suffer a work-related injury. Call Rosenberg & Rosenberg now for a free case review.

Recovering Compensation Benefits for Injured Workers in Florida

Depending on the facts and circumstances surrounding your accident, you may have more than one option for recovering compensation. Our workers’ compensation attorneys can help you by filing a:

• Workers’ Comp Claim – Florida workers’ compensation laws require most, but not all, employers to carry this no-fault insurance, which provides employees with benefits like medical care, wage supplementation, and rehabilitative or re-employment therapy services. Workers’ compensation benefits are available to workers injured on the job no matter who is at fault. However, the workers’ comp filing process can be cumbersome; subject to scrutiny, delays, and denials; and difficult to navigate alone.
• Personal Injury Lawsuit – As mentioned above, it is not necessary to establish fault and liability in workers’ comp cases. However, injured workers may be able to pursue a personal injury lawsuit when they can prove the negligence of a third party (i.e., a party that is not linked to their employer) or when their employer does not carry workers’ compensation insurance.

Our firm can review the facts of your case to determine whether you may be eligible to pursue a civil lawsuit and help you decide which approach to take. While personal injury lawsuits may involve more effort and take longer, they can also result in a much higher settlement, depending on the specifics of your injury. If you have been seriously injured or permanently disabled, going this route may be worth it.

Workers’ Compensation Benefits Versus Personal Injury Damages

Each type of legal action could entitle you to different types of compensation. By filing a workers’ comp claim, you could receive:

• Free medical care from a doctor of your employer’s or their insurer’s choosing
• Up to two-thirds of your normal weekly wage until you go back to work
• Long-term disability payments for permanent total or partial disabilities
• Reimbursement for the cost of retraining or vocational rehabilitation
• Death benefits, including funeral and certain educational expenses

If you decide to file a lawsuit, the Florida personal injury lawyers at Rosenberg & Rosenberg can pursue a broader range of damages, including but not limited to:

• Any lost income or expenses not covered by workers’ compensation
• Property damage, if something valuable that you own was damaged or destroyed in the accident
• Physical pain and suffering
• Emotional distress
• Reduced quality of life
• Loss of independence
• Loss of consortium

It is part of our Florida law firm’s job to help clients determine what kinds of damages they are entitled to and then fight for those damages on the client’s behalf. This allows injured workers to focus more on feeling better instead of worrying about legal matters.

What if Your Florida Employer Denies Your Workers’ Compensation Claim?

Heavy machinery accidents can be devastating and have lifelong consequences. It is natural that you should want to resolve your case and receive your money as soon as possible. Unfortunately, there are many ways that the insurance company can derail your claim, including by:

• Denying it based on a technicality or lack of evidence
• Not providing you with information
• Not replying promptly to communications
• Denying that your injury occurred at work
• Having their doctor say that you are fit to return to work before you are really ready

If you choose to file a personal injury lawsuit, the insurer may deny their client’s liability and blame someone else—even you—for your injury.

Our Florida Legal Team Can File Machinery Accident Workers’ Comp Appeals

It is not unusual for an injured worker to run into complications and challenges, even if they have what they believe to be a strong case. Our heavy equipment accident lawyers can guide you through the entire process, from filing your initial claim to filing a workers’ compensation appeal.

You have a limited time to seek financial compensation after a work-related injury. The sooner you put your case in Rosenberg & Rosenberg’s hands, the sooner we can start fighting to protect your rights.

Our Florida Workers’ Comp Lawyers Provide Honest Guidance for Machinery Accident Victims

At Rosenberg & Rosenberg, we focus our practice exclusively on protecting the rights of the injured. If you or someone you love is considering seeking workers’ compensation for machinery accidents in Florida, we can provide the immediate support and guidance you deserve during this difficult time.

Whether you’re ready to pursue compensation or are looking for more information, we are happy to discuss your options with you in a free consultation. We start each case by listening to your needs so we can work toward a solution that meets them. If you are looking for help, reach out to us today. Rosenberg & Rosenberg is available to help you 24/7.