A worker who was inspecting cables became stuck in machinery above a Roosevelt Island tram recently and had to be rescued, according to a news report. “His foot got between two of the wheels, the car rolled an inch or two, trapping his foot, pinning it between the wheel and the cable,” a police detective told a New York TV station.  The injured worker was transported to a local hospital.

Machinery Malfunction Accidents

Anyone who works around machinery knows that machines can, and do, break down or malfunction, causing injuries. Sometimes, these accidents cannot be prevented, but often they are the result of negligence on someone’s part.

When workers are injured as a result of malfunctioning machinery or tools, they may be entitled to benefits under the New York or New Jersey workers’ compensation system. Workers’ compensation is a no-fault system, meaning that a worker is not required to prove that his or her employer did anything wrong in order to receive benefits for a work-related injury. If, however, negligence by a third party caused or contributed to the injury, the worker may also be entitled to compensation through a third-party lawsuit.

The following examples illustrate the concept:

• A third party maintenance company fails to properly repair or replace a malfunctioning part.
• A tool manufacturer produces a defective tool.
• Someone other than your employer orders you to operate a tool or machinery for which you have not been properly trained.
• A general contractor fails to provide proper safety gear for workers using dangerous tools or machinery.

If you have been injured as a result of a tool or machine malfunction, you could be entitled to third-party compensation in lieu of, or in addition to, workers’ compensation. Contact the New York and New Jersey accident attorneys at Ginarte Gonzalez Winograd L.L.P., to find out what legal options you may have. For your free consultation, calling 888-446-2783 or fill out our online contact form.