Power tools and hand tools are a part of almost every aspect of construction work. Some tools and equipment are dangerous. A drill, a power saw or a nail gun can cause injuries if they are not used or maintained correctly. Some tools hurt users because of a defect in the way they were designed or manufactured.
Workers, who are injured by tool malfunctions on the job, count on workers’ compensation benefits to pay their medical expenses and lost wages, but often find these are not enough. A worker who has been injured due to a malfunctioning construction tool, or because they were not properly trained to use a particular tool, could have the right to seek compensation for their financial losses and pain and suffering in a third-party lawsuit.
NY & NJ Construction Tool Malfunctions and Injuries
The U.S. Occupational Safety and Health Administration (OSHA), as well as state laws, make employers responsible for certain aspects of workers’ safety. Workers, who must use tools, should be properly trained in their function, use, and maintenance. They should know which tools are right for certain jobs. Workers should also be issued safety equipment like gloves, goggles, and hardhats. Employers are responsible for ensuring that tools used at job sites function correctly.
Injuries can happen quickly when safety rules and procedures are ignored. Power tools that perform work like cutting, drilling, grinding, or nailing are inherently dangerous if not used correctly. Tools must have guards to prevent a worker from coming in contact with their dangerous parts. Poor maintenance of power tools may result in damaged wiring or insulation that causes shock, electrocution, and burn hazards. Construction tools may also fail to work properly when another person tampers with the tool. Knowingly removing safety guards, or replacing parts of the tool with lesser quality parts, may lead to serious physical injuries and even death.
Even a basic hand tool like a chisel, or a hammer, can cause injury if misused or improperly maintained. A chisel or metal wedge can shatter, and send metal shards into someone’s eyes. The loosened head of a hammer can fly off and hit the user or someone else. Cutting tools that become dull can be dangerous.
In some cases, even a tool that has been used and maintained properly can cause an injury. Sometimes a company designs and/or manufactures tools that are defective. In a product liability lawsuit, a company that makes or sells a defective tool can be required to pay compensation to those who have been injured.
Many different injuries can result from a malfunctioning or defective tool. It depends on the type of tool, and what went wrong. Some of the more common injuries from tool malfunctions include:
- Loss of fingers
- Loss of arms
- Loss of hands
- Loss of legs
- Burns
- Electrical shock
- Eye injuries and vision loss
- Death
- Crushing injuries
- Bone fractures
- Lacerations, cuts, and bleeding
Workers who are seriously injured by tool malfunctions or mishaps will face medical expenses, loss of work, and perhaps therapy and rehabilitation costs all as a result of a possibly permanent and disabling injury. They may have ongoing expenses for assisting devices, such as wheelchairs or prosthetics. There are psychological factors to consider, and the injured worker and/or family members may require counseling to deal with the profound changes in their life and lifestyle.
Money to pay for the losses and ongoing expenses caused by a construction tool accident in New Jersey or New York may be available through a legal claim against the injured worker’s employer or other responsible party at the work, or the tool manufacturer or seller. It is important to talk to the lawyers at The Cakani law firm to find out what your case could involve. We work with a team of construction site experts, engineers, and site investigators to discover the cause of the worker’s injury and to determine whether the basis for a related suit exists. We also work with doctors, surgeons, physical therapists, and hospitals to ensure that the injured worker receives the necessary care/treatment.
