New York City Personal Injury Law Blog

Bad Tools: Third-Party Cases in NY Workers’ Comp Law

Posted on Aug 31, 2015 in Personal Injury, Workers' Compensation

Among the many different types of workplace injury scenarios that injury lawyers provide counsel on, some of them relate to bad tools or improper work processes and they are important examples of what happens when employers, as well as other outside parties, fail to support physical trades and construction or industrial work activities in the proper ways.

Regulations on Tools and Work Processes

At the federal and the state levels, regulators work hard to provide safety for construction workers and others by providing specific rules about tool safety and workplace safety. The federal Occupational Safety and Health Administration or OSHA provides some of these particular guidelines. There are also articles related to tool safety and other related issues in the New York Industrial Code and in New York Labor Law.

Part of the issue around tool-related injuries is that workers are entitled to personal protective equipment (PPE) that will reduce the risks of physical harm if something bad happens. This includes items like the following when they apply to work processes:

  • Hard hats or helmets
  • Goggles
  • Gloves
  • Proper ladders, scaffolding or harnesses
  • Respirator masks

All of these items can reduce the chances of injury or prevent a work injury from happening.

Types of Tool-Related Injuries

One type of tool-related injury that workers may experience relates to the conduction of heat or electrical current. When workers come into contact with frayed wires, bare wires or electrical defects, serious injuries can result. Some industrial processes also generate a lot of heat and workers can get burned by coming into contact with tools or surfaces.

There’s also the issue of contact with moving parts of tools or equipment. Grinders, sanders and other types of power tools carry these sorts of risks, as do conveyors or other types of equipment that use velocity to move products or accomplish work tasks by physical force. These tools must be properly shielded and set up to protect workers from contact.

Another major type of tool safety involves the handling of flying projectiles. For example, metal-working tools can cause pieces of metal materials to shift or flake off of items and fly through the air at high velocities.

Training, Maintenance and Safety

One thing that employers should consider when trying to avoid various workplace injuries is training. Workers need the proper training on handling tools and equipment and knowing what not to do with that equipment in order to avoid serious injury risks.

Workers are also entitled to the above types of personal protective equipment to provide safeguards against certain types of accidents.

There’s also the issue of whether tools and equipment are in good working order. Where there is a defect or a malfunction, the manufacturer of the tool or piece of equipment in question can be held liable in some cases.

Contact a Qualified New York City Catastrophic Injury Law Firm

New York residents who are injured on the job can get legal assistance from the experienced personal injury attorneys at the law offices of Rosenberg, Minc, Falkoff & Wolff. Get injury lawyers who will help to pursue adequate compensation for medical bills, lost wages and pain and suffering and assist you with bringing a personal injury claim through New York courts.

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