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Machinery Accident Lawyer in Massachusetts
Industrial machinery accidents cause catastrophic injuries. Attorney Jeffrey C. Lavey pursues workers' compensation and every available third-party claim for Massachusetts machinery accident victims. Free consultation. No fees unless we win.
Industrial Machinery Accidents in Massachusetts
Industrial machinery, presses, lathes, conveyor systems, grinders, saws, mixing equipment, and countless other mechanical systems, creates severe injury risk when it malfunctions, lacks adequate guarding, or is operated without proper training or safety protocols. Workers injured by industrial machinery in Massachusetts are often entitled to both workers' compensation benefits and additional personal injury compensation from third parties. Attorney Jeffrey C. Lavey represents machinery accident victims and pursues every available source of recovery.
Machine Guarding Requirements and Manufacturer Liability
OSHA regulations require that machinery with exposed moving parts be equipped with guards that prevent workers from contacting dangerous components during normal operation. When a manufacturer designs a machine that lacks adequate guarding, or when an employer removes required guards, and a worker is injured as a result, strong liability claims arise. Against the manufacturer, the claim is product defect; against the employer who removed guards, the claim affects the workers' compensation analysis; against the entity that modified the machine without the manufacturer’s authorization, third-party liability may apply.
Third-Party Claims in Machinery Accident Cases
Workers' compensation covers the immediate medical and wage needs of machinery accident victims, but it is the exclusive remedy against the direct employer. Third-party claims, which recover pain and suffering that workers' compensation does not cover, are available against: the machinery manufacturer for product defects; the maintenance contractor who improperly repaired the machine; the property owner whose premises created an unsafe operating environment; and any other party other than the direct employer who contributed to the accident. Attorney Lavey investigates all third-party theories in every machinery accident case.
Common Types of Industrial Machinery Injuries
- Degloving and crush injuries from presses, rollers, and nip points
- Amputation injuries from unguarded blades, saws, and cutting equipment
- Entanglement in rotating equipment including augers, conveyors, and agitators
- Burns from chemical processes, heated surfaces, or electrical equipment
- Struck-by injuries from ejected parts, material, or tool breakage
- Hearing loss from sustained high-noise machinery environments
Preserving Evidence After a Machinery Accident
The machinery involved in the accident must be preserved for inspection by a mechanical engineering expert. This means the machine should not be repaired, modified, or returned to service before an expert can document its condition. Attorney Lavey issues preservation demands to the employer and any other party who controls the machinery as soon as he is retained in every machinery accident case. He coordinates the expert inspection that is essential to establishing product defect or operator negligence claims.
Frequently Asked Questions
Yes. Workers' compensation is the exclusive remedy against your direct employer, but you can simultaneously pursue a product liability claim against the machine manufacturer if a design defect, manufacturing defect, or inadequate warning contributed to your injury. These are separate claims against different parties. Attorney Lavey pursues both workers' compensation benefits and manufacturer product liability claims in every qualifying machinery accident case.
An employer who removes required safety guards from machinery is violating OSHA regulations and creating a dangerous condition. Workers' compensation applies to injuries caused by the employer' s conduct, but OSHA violations may affect workers' compensation proceedings and are documented as evidence. If a third party removed the guard, a maintenance contractor, for example, that party may be a third-party defendant. Attorney Lavey evaluates who removed any guards and what claims arise from that removal.
Inadequate training is evidence of employer negligence affecting the workers' compensation claim context. If a third party was responsible for training, a contractor brought in to train workers on new equipment, inadequate training by that third party may create a third-party liability claim. Attorney Lavey evaluates the training provided and who was responsible for it in every machinery accident case.
Preserving the machine is critical. If the machine had a defect, that defect must be documented before the machine is repaired, modified, or replaced. If it was missing required guarding, that must be documented in its as-found condition. Attorney Lavey issues written preservation demands to every party that controls the machinery the same day he is retained, and he arranges expert inspection as soon as logistically possible.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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