Heavy Machinery Accidents

Machinery accidents in Texas industrial workplaces are a harsh reality, leading to devastating injuries and losses to industry workers every year. When faced with the aftermath of a machinery accident, you need a legal team that understands the complexities of these cases and can fight for your rights effectively.

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That's where Miller Weisbrod Olesky, the accomplished machinery accident lawyers in Texas, step in. Our attorneys will thoroughly investigate your accident, collect compelling evidence to prove liability of the negligent parties, and take on powerful defendants and insurance companies to obtain the highest possible financial compensation for you.

Our Work Injury Attorneys recovered $3,650,000 on behalf of our client who suffered an amputated hand in a 220-volt Horizontal Food Mixer accident which could have been prevented with the appropriate machine guarding or lock-out emergency shut-off-switch required by OSHA.

The following data on nonfatal personal injuries for 2021 has been compiled from the Survey of Occupational Injuries and Illnesses (SOII) carried out by the Texas Department of Insurance, Division of Workers' Compensation (DWC), in collaboration with the US Department of Labor, Bureau of Labor Statistics (BLS). These occupational injury and illness rates are derived from a statistical sample of private businesses in Texas.

In 2021, private sector employers in Texas reported a total of 178,900 nonfatal cases of serious workplace personal injury incidents. The data indicates an incidence rate of 2.1 cases per 100 equivalent full-time workers in Texas. When we examine the goods-producing sector more closely, we find that the manufacturing industry reported an incidence rate of 2.4, construction had a rate of 1.9, and natural resources and mining reported a rate of 1.1.

Non-Subscriber Employer in Texas candy company causes a hand amputation leading to a $3,082,874.00 arbitration award after the insurance company fails to offer a fair settlement.

Machinery accidents in Texas workplaces are more common than one might think. These workplace accidents encompass a wide range of incidents involving industrial equipment, vehicles, manufacturing machinery, and tools. Factors contributing to these accidents can vary but often include employer negligence, lack of guarding, inadequate training, equipment malfunction, and unsafe workplace conditions.

Certain industries in Texas are more prone to machinery accidents due to the nature of their operations. Among the sectors most affected are:

• Manufacturing: With its heavy reliance on machinery and automation, the manufacturing sector experiences a significant number of machinery-related accidents. Workers in this industry are at risk of getting caught in moving parts, crushed by heavy machinery, or injured due to equipment malfunctions.
• Construction: Construction sites are inherently hazardous, with heavy machinery and equipment at the forefront. Accidents involving cranes, bulldozers, and power tools are not uncommon in this industry.
• Agriculture: Texas's vast agricultural sector involves the use of various types of machinery, such as tractors and harvesters. Accidents involving these machines can result in serious injuries to farm workers.

Machinery accidents in the workplace can result in a wide range of physical injuries, often varying in severity depending on the type of machinery involved, the circumstances of the accident, and the safety measures in place.

• Amputations: Perhaps one of the most devastating outcomes of machinery accidents is the loss of limbs or extremities. Machinery with moving parts, such as conveyor belts, presses, or rotating blades, can cause traumatic amputations when a worker's body part gets caught or pulled into the machine.
• Crush Injuries: Heavy machinery and equipment can crush a worker's body, leading to severe injuries. These injuries can range from broken bones and internal organ damage to potentially fatal injuries, depending on the force involved.
• Fractures and Broken Bones: Machinery accidents often result in fractures or broken bones. The impact or compression from machinery can lead to fractures in the limbs, ribs, spine, or skull.
• Severe Burns: Some machinery accidents involve hot surfaces, welding equipment, or chemical exposure, leading to burns. These burns can range from mild to severe, with the potential for disfigurement and scarring.
• Lacerations and Abrasions: Sharp edges, tools, or equipment parts can cause deep cuts and lacerations. These injuries may require stitches or surgery and can lead to complications like infections.
• Electrical Injuries: Electrical machinery accidents can result in electrical burns, which may not always be immediately visible. These burns can damage internal tissues and nerves.
• Traumatic Brain Injuries (TBIs): Machinery accidents involving impacts to the head can cause traumatic brain injuries. TBIs can have long-lasting effects on cognitive function, behavior, and overall quality of life.
• Spinal Cord Injuries: Machinery accidents that involve falls or impacts can lead to spinal cord injuries, which may result in partial or complete paralysis, depending on the location and severity of the injury.
• Eye Injuries: Flying debris, sparks, or chemicals released during machinery accidents can cause eye injuries, ranging from minor irritations to permanent vision loss.

Employer negligence can play a significant role in causing machinery accidents in Texas and other workplace settings. When employers fail to prioritize safety, provide adequate training, or maintain equipment properly, they create conditions that increase the risk of machinery accidents. Here's how employer negligence can contribute to these accidents:

WSJ Article: Factory Workers are Dying Because Machines aren't being Truned Off

Inadequate Training and Education

Employers have a legal obligation to ensure that workers are adequately trained to operate machinery safely. When employers cut corners on training, workers may not fully understand the machinery they're operating or the associated risks. This lack of knowledge can lead to improper machine operation and an increased risk of accidents.

Lack of Safety Procedures and Protocols

Employers must establish and enforce safety procedures and protocols for machinery use, including lockout/tagout procedures during maintenance. In the absence of these procedures or lax enforcement, workers may not take the necessary precautions when working with machinery. Failure to lock out equipment before maintenance, for example, can result in unexpected machine startups and accidents.

Insufficient Machine Guarding

Employers are responsible for ensuring that machinery is equipped with proper guards and safety devices to prevent access to hazardous areas. When employers neglect to install or maintain machine guards, workers are exposed to moving parts and other dangerous components. This can lead to amputations, entanglement, or other severe injuries.

Poor Maintenance and Inspections

Employers are required to maintain machinery in good working order and conduct regular inspections to identify and address safety concerns. Neglected maintenance can result in equipment malfunctions, breakdowns, or unexpected movements. Without proper inspections, hazards may go unnoticed until an accident occurs.

Failure to Provide Personal Protective Equipment (PPE)

Employers must supply appropriate PPE, such as safety goggles, helmets, or gloves, based on the specific machinery and work environment. When employers do not provide or require the use of PPE, workers are at greater risk of injury from flying debris, chemical exposure, or other hazards associated with machinery operation.

Ignoring Hazardous Conditions

Employers are expected to promptly address hazardous conditions and unsafe practices in the workplace. Failure to address such conditions, such as oil spills, loose debris, or blocked emergency exits near machinery, can lead to slip and fall accidents, collisions, and other incidents.

Inadequate Supervision and Enforcement

Employers should have supervisors who ensure that workers follow safety protocols and address safety violations. Without adequate supervision and enforcement, workers may take shortcuts or engage in risky behavior when operating machinery.

Pressure to Meet Production Targets

When employers prioritize production targets over worker safety, they create an environment where workers may feel pressured to take risks to meet deadlines. Workers may skip safety steps, bypass safeguards, or rush through tasks, increasing the likelihood of accidents.

In Texas, employer negligence that contributes to machinery accidents jeopardizes the well-being of workers and can result in severe injuries, lifelong disabilities, and even fatalities. If you have suffered injuries or a loved one has lost their life in such an accident, you should move fast to have the dedicated Texas machinery accident attorneys at Miller Weisbrod Olesky on your side. We will do everything within the ambit of law to obtain for you the largest possible financial compensation from the liable parties, and help you rebuild your life.

In cases involving machinery accidents in Texas, our machinery accident lawyers will work diligently to collect various types of evidence to prove liability on the part of the negligent parties. Proving liability is crucial in securing compensation for your injuries and losses. Here are the types of evidence our attorneys may collect:

• Incident Reports: Our attorneys will obtain any incident reports filed with the employer, supervisor, or relevant authorities. These reports may contain crucial details about the accident, such as the date, time, location, witnesses, and initial assessments of what went wrong.
• Photographic and Video Evidence: Visual evidence is highly valuable. Photographs and videos of the accident scene, machinery involved, injuries sustained, and safety hazards can help establish the circumstances surrounding the accident.
• Medical Records: Comprehensive medical records detailing your injuries, treatments, surgeries, and rehabilitation progress are essential. These records provide a direct link between the accident and your injuries.
• Expert Witnesses: Our attorneys may consult with experts, such as engineers, safety specialists, or medical professionals, who can provide expert opinions regarding the machinery, safety protocols, and the cause of the accident.
• Witness Statements: Statements from witnesses who observed the accident or were present at the time can help corroborate your account of events. Their testimonies can be powerful in establishing liability.
• Maintenance and Inspection Records: Documentation related to the maintenance, inspection, and repair of the machinery involved may reveal negligence or substandard maintenance practices that contributed to the accident.
• Employer and Safety Records: Our attorneys may review the employer's safety policies, training records, and safety inspection reports to assess whether proper safety measures were in place and followed.
• OSHA and Regulatory Reports: Reports filed with regulatory agencies such as OSHA, if applicable, can contain critical information about safety violations, citations, and any history of non-compliance by the employer.
• Employee Statements: Statements from co-workers or colleagues who can provide insights into workplace conditions, training practices, and any prior safety concerns can be valuable.
• Documentation of Employer Negligence: Our attorneys will gather evidence to demonstrate how the employer's negligence, such as inadequate training, lack of safety protocols, or failure to maintain equipment, contributed to the accident.
• Machine Maintenance and Inspection Logs: Logs and records related to machine maintenance and inspections can help establish whether proper safety checks were conducted and whether any issues were neglected.
• Safety Regulations and Standards: Our attorneys will reference relevant OSHA regulations and industry safety standards to demonstrate how the negligent party violated established safety guidelines.
• Accident Reconstruction: In some cases, accident reconstruction experts may be called upon to recreate the accident scenario and provide insights into its cause.
• Financial Records: Records of your medical expenses, lost wages, and other financial losses resulting from the accident are essential for calculating the damages you are entitled to.
• Employee Manuals and Training Materials: Documentation related to employee training, safety manuals, and procedures can help establish whether the employer fulfilled its duty to train and protect workers.

At Miller Weisbrod Olesky, our capable and compassionate Texas machinery accident attorneys are ready to fight for your rights and help you recover the largest possible compensation you are entitled to from the defendants.

The Occupational Safety and Health Administration (OSHA) places a significant emphasis on the prevention of amputations in machinery accidents due to the severe and life-altering nature of such injuries. OSHA recognizes that amputations can occur across various industries and has analyzed the dangers associated with these incidents. Here's an overview of OSHA's perspective on the danger of amputations in machinery accidents:

Severity of Amputations

OSHA acknowledges that amputations are among the most catastrophic injuries that can result from machinery accidents. These injuries often involve the loss of limbs or extremities, such as fingers, hands, arms, toes, or legs.

The severity of amputations goes beyond physical trauma, as they can have long-term psychological and economic impacts on affected workers. Amputees may require extensive medical care, prosthetic limbs, and rehabilitation.

Causes of Amputations

OSHA identifies various factors that contribute to amputation hazards in machinery accidents, including:

• Unguarded or inadequately guarded moving parts of machinery.
• Inadequate lockout/tagout procedures, which are meant to prevent accidental machinery startup during maintenance or repair.
• Insufficient training and awareness among workers regarding the risks associated with specific machinery.
• Lack of proper maintenance and inspection of machinery, leading to malfunction or unexpected movements.
• Human error or negligence in operating machinery.

Regulatory Framework

OSHA has established specific regulations and standards aimed at preventing amputations in the workplace. One key standard is the "Control of Hazardous Energy (Lockout/Tagout)" standard (29 CFR 1910.147), which outlines procedures to de-energize and isolate machinery before maintenance or servicing to prevent accidental startups.

OSHA also provides guidelines for machine guarding (29 CFR 1910.212) to ensure that moving parts of machinery are adequately protected to prevent contact with workers.

Inspection and Enforcement

OSHA conducts regular inspections of workplaces to assess compliance with safety standards, with a particular focus on machinery hazards that could lead to amputations. When violations are identified, OSHA may issue citations and penalties to employers who fail to address amputation hazards and other safety concerns promptly.

Training and Education

OSHA promotes worker training and education on machinery safety, including recognizing amputation hazards and using proper safety procedures. Employers are encouraged to provide comprehensive training to workers who operate or maintain machinery, ensuring they understand the risks and precautions associated with their specific tasks.

Data Collection and Reporting

OSHA collects data on workplace injuries and fatalities, including amputations, to identify trends and areas of concern. Employers are required to report severe injuries, including amputations, to OSHA within a specified timeframe.

OSHA has developed a comprehensive framework of regulations, standards, inspections, and educational resources to prevent amputation injuries in machinery accidents. Employers are expected to take proactive measures to mitigate amputation hazards and protect their workers, and OSHA plays a vital role in enforcing and promoting workplace safety in this regard.

If you or someone you love has suffered amputation injuries at the workplace, our experienced Texas machinery accident attorneys at Miller Weisbrod Olesky will identify potential OSHA violations that may have led to your injuries, and hold the negligent parties accountable for maximum damages on your behalf.

Machine guarding is a fundamental safety practice in industrial settings, and its significance cannot be overstated in preventing machinery accidents and protecting the well-being of workers. Machine guarding involves placing physical barriers, devices, or safety mechanisms around machinery and equipment to shield workers from potential hazards. Here's why machine guarding is essential:

• Worker Safety: The primary and most critical reason for machine guarding is the protection of workers. Machinery accidents can result in severe injuries, amputations, and even fatalities. Proper guarding helps prevent workers from coming into contact with moving parts, sharp edges, or other hazardous elements of machinery.
• Preventing Amputations: Many machinery accidents involve workers getting their limbs or body parts caught in moving machinery components. Machine guarding acts as a barrier that prevents access to these dangerous areas, significantly reducing the risk of amputations.
• Risk Reduction: Machinery is diverse and often complex, with various moving parts, blades, gears, and rotating equipment. Machine guarding reduces the risk of accidents by restricting access to these hazardous elements and reducing the likelihood of unintended contact.
• Compliance with Regulations: Regulatory agencies such as OSHA have specific standards and regulations in place that mandate machine guarding in workplaces. Failure to comply with these regulations can result in fines, penalties, and legal liabilities for employers.
• Enhancing Workplace Safety Culture: Implementing machine guarding demonstrates a commitment to workplace safety. It sends a clear message to employees that their well-being is a top priority, which can foster a culture of safety throughout the organization.
• Training and Awareness: Machine guarding also encourages training and awareness among workers. When they see guards in place, employees are reminded of the importance of safety protocols and are more likely to adhere to safe work practices.
• Adaptability: Machine guarding solutions can be tailored to specific machinery and processes, ensuring that they do not hinder productivity or maintenance tasks. This adaptability allows for safety without sacrificing efficiency.

OSHA has several standards that pertain to machine guarding, depending on the type of machinery and the specific hazards involved. Here are the primary OSHA standards related to machine guarding:

General Industry Standards

29 CFR 1910

• 29 CFR 1910.212 - General Requirements for Guarding of Machinery: This standard outlines the general requirements for machine guarding, including provisions for preventing contact with moving parts, methods of guarding, and specific requirements for different types of machinery.
• 29 CFR 1910.213 - Woodworking Machinery: This standard addresses machine guarding requirements specifically for woodworking machinery, such as circular saws, planers, and jointers.
• 29 CFR 1910.217 - Mechanical Power Presses: It covers the guarding requirements for mechanical power presses used in various industries.

Construction Industry Standards

29 CFR 1926

29 CFR 1926.300 - General Requirements: While not specific to machine guarding, this standard includes provisions for equipment and machinery safety, emphasizing the need for guarding against hazards.

Agriculture Standards

29 CFR 1928

29 CFR 1928.57 - Guarding of Farm Field Equipment, Farmstead Equipment, and Cotton Gins: This standard addresses the guarding requirements for machinery used in agriculture, including tractors, combines, and cotton gins.

Maritime Standards

29 CFR 1915 and 29 CFR 1917

Maritime standards do not include specific machine guarding standards but may refer to general industry standards when addressing machinery safety in maritime operations.

Key Elements of OSHA's Machine Guarding Standards

OSHA's machine guarding standards share common principles that emphasize the following key elements:

• Point of Operation Guarding: Guards must be in place to prevent access to the point of operation, where the machine performs its work, and where the most significant hazards typically exist.
• Methods of Guarding: OSHA standards provide guidelines on the acceptable methods of guarding, including fixed guards, interlocked guards, and adjustable guards.
• Guarding Specific Machinery: OSHA standards often include specific requirements tailored to particular types of machinery, such as saws, drills, presses, and conveyors.
• Guard Removal: Guards should be designed in a way that prevents workers from easily removing or bypassing them, ensuring ongoing protection.
• Training and Awareness: Employers are responsible for training workers to recognize and understand the importance of machine guarding.
• Maintenance and Inspection: Regular maintenance and inspection of machine guards are necessary to ensure they remain effective in preventing hazards.

Enforcing OSHA Machine Guarding Standards

OSHA enforces these regulations through workplace inspections, and non-compliance can result in citations, fines, and penalties. Employers are encouraged to conduct their own assessments and make necessary corrections to ensure compliance and the safety of their workers.

OSHA's regulations for machine guarding are a vital component of workplace safety. By following these standards and ensuring proper machine guarding measures are in place, employers can protect their employees from machinery-related hazards, prevent accidents, and maintain compliance with OSHA regulations.

Industrial settings in Texas often require heavy machinery and equipment to carry out various tasks efficiently. While these machines improve productivity, they also pose significant risks to workers. Understanding the types of heavy machinery and the potential for accidents and injuries is vital for workplace safety. Here are some common types of heavy machinery and the associated risks:

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Each of these types of industrial machinery introduces unique hazards and risks, underscoring the importance of comprehensive safety measures, employee training, and ongoing maintenance and inspections to prevent accidents and protect the well-being of workers in industrial settings.

Negligence of the employers in any of these safety aspects can result in catastrophic injuries or fatalities of industrial workers in Texas. At Miller Weisbrod Olesky, our machinery accident lawyers in Texas are prepared to strongly negotiate with the defendants and insurers based on robust evidence, and if necessary, take your case to trial to maximize your compensation.

By carefully collecting and presenting this evidence, our Texas machinery accident attorneys will build a strong case to prove liability on the part of the negligent parties, whether it's the employer, equipment manufacturer, maintenance contractor, or other relevant entities. This evidence allows us to pursue a successful claim or lawsuit to secure maximum compensation for your injuries and losses. Call us today to schedule a free consultation. There will never be a fee unless and until we receive a successful financial settlement or verdict for you.

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Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.

Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.

Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.

Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.

We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.

Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.

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