Machine Operator And Factory Worker Third-Party Claims

Massachusetts Injury Lawyers Representing Injured Machine Operators And Factory Workers In Third-Party Negligence Cases.

Machine operators and factory workers often use very dangerous machinery and equipment during their usual course of their employment. These workers often assume that all safety precautions have been taken to make the machine use as safe as possible. Unfortunately, this is oftentimes false presumptions that can lead to catastrophic injury. Common injuries are loss or amputation of the arm, hand or fingers, crushed hand or fingers, and nerve damage, which require numerous surgeries.

The following are examples where third-party negligence action maybe brought when a machine operator or factory worker is injured:

  • When the machine operator or factory worker is a temp worker who was placed at the job site location where the injury occurred, by a temp agency.

If negligence is found at the machine shop or factory, then the worker is allowed to bring an action against them using third-party negligence. This action is not barred by the Workers' Compensation Act because the law looks at the temp agency as the employer and the factory as a third party. Some examples of negligence at job site location would be:

  • The factory owner removes, modifies or alters a safety guard on the machine to increase productivity but makes the machine extremely dangerous causing injury, i.e., loss of extremity or fingers.
  • The factory or machine shop supervisor fails to adequately train the temp worker on the machine, which results in injury.
  • The machine was improperly serviced, maintained or fixed by the factory or machine shop owner or by an outside service company resulting in injury or death. In this scenario there are potentially two third parties liable: the owner of the company and/or the company they hired to service the machinery. Liable parties in these facts are directly dependent if the worker is a temp or not.

If you or a family member has been seriously injured or killed as a result of a factory or machine operation accident, please contact Ellis Law Offices. We have been representing injured factory workers and machine operators for over 50 years in many towns and cities throughout Massachusetts such as: Worcester, Boston, Fitchburg, Springfield, Southbridge and Framingham. You can contact Ellis Law Offices by telephone or email. For your convenience home and hospital visits are available upon your request.