On guard!

Human beings make mistakes.  If we didn’t, there would never be a need for any kind of safety device – from a seat belt in a car, to blade brake on a saw, to a guard on a piece of industrial machinery.  Engineers and product designers know this fundamental truth and are supposed to take it into account when designing things.  If they don’t, that’s on them.

That would ruin your day.

It hasn’t been released yet what happened this month to the woman in Barberton, Ohio who’s hair became snared in a machine that cuts off metal pipe.  Amazingly, she survived, but only after her scalp was ripped from her head.  Was the machine properly guarded?  Did it use electronic eyes (like on your garage door) that detect a person moving or hinge-actuated interlock switches  – either of which can automatically shut off the machine’s moving parts.  That way, if the machine fails, it fails to a safe state, i.e., it fails safe by design.  Or, were there guards on the machine that, at some point, were taken off?

What does this mean to you:

While manufacturers of dangerous products can be responsible for injuries caused by those products, generally your employer is not.  However, if the employer removes a safety guard, that employer may still be responsible for injuries caused on the job.

Advertisements

Yea, but the benefits make it worth it

Having a job is a good thing, let’s be honest.  Not getting hurt or killed on the job is even better.

Look out below!

In Ohio, though, if your employer is at fault for injuring you, you cannot make a claim against them.  Even if they could and should have prevented it.  Even if they knew you were going to get hurt and did nothing to stop it.  Thanks to the Ohio Supreme Court, unless your employer got up that morning and was specifically out to get you that day, they are not responsible for your medical bills, loss of a limb, or any damages, even if a death results.

What does this mean to you:

Someone injured or killed on the job is not always left out in the cold. If a person or company other than your employer was at fault – such as a sub-contractor doing work at an industrial job site or construction site, the manufacturer of a defective product, or any other third party – they may be entitled to make a claim, even though the injury happened while on the job.  A major part of any case brought by a lawyer or law firm is investigating all potentially-liable parties.  Workers comp may also be available, but by no means makes the person whole.