Employee Seriously Injured In Rochester Accident After Getting Arm Stuck In Machinery At North Plymouth Avenue Business
MONROE COUNTY, NEW YORK (October 6, 2021) – A worker was seriously injured in a Rochester industrial accident at a business on North Plymouth Avenue not far from Jay Street.
Monroe County police officials are saying that the accident took place around 11:00 a.m. on Friday, October 1st. An employee was working when his arm became lodged in some type of machinery.
Coworkers immediately stepped in to help the victim. In doing so they likely saved his life. Firefighters and paramedics were called to the scene of the accident in order to help the victim.
The employee was transported to the hospital with serious injuries. A full investigation into what may have caused the Rochester industrial accident remains ongoing.
Liability In Monroe County Industrial Accidents
Machine entrapment accidents are one of the leading causes of serious injury and death. According to one report from the Bureau of Labor Statistics, “workers that operate machinery experience approximately 18,000 amputations, crushing injuries, lacerations, and abrasions each year.” Around 800 of these incidents lead to a worker being killed. There are a number of steps that can be taken in order to prevent machine entrapment accidents.
- Workers should be provided with well-maintained PPE.
- Work areas should be clean and free of clutter. This can prevent common hazards such as tripping.
- Proper safety guards and sensors can help keep workers safe around heavy machinery.
- Workers should always be given adequate training. This includes teaching workers the right lock-out/tag-out procedures for operating heavy machinery.
Depending on the specific facts of any accident, a business owner could be liable if their worker is injured by machinery. According to New York Labor Law 200, “All machinery, equipment, and devices in such places shall be so placed, operated, guarded, and lighted as to provide reasonable and adequate protection to all such persons.” If the commissioner finds that any machinery or equipment is in a dangerous condition, he may attach a notice to the machinery warning all persons of such danger. The place where employees conduct their work should also be generally safe and free from potential hazards.
New York Labor Law § 200 is a codification of a property owner’s general responsibility to maintain their property in a reasonably safe condition. Consider, for example, the case of Markey v C.F.M.M. Owners Corp., 51 AD3d 734, 736 (2d Dept 2008). As explained in the court’s decision, “Liability pursuant to Labor Law § 200 may be based either upon the manner in which the work is performed or actual or constructive notice of a dangerous condition inherent in the premises.” General contractors that fail to remedy a dangerous condition after being given actual or constructive notice may be liable in the event of an accident.
Liability for a workplace accident could also extend to a company that created a piece of workplace machinery. All companies have a legal duty to create products that are reasonably safe. For example, machinery that lacks adequate safety guards could create an unnecessarily high risk of entrapment for workers. A third party negligence claim may also be possible if a company separate from a worker’s employer failed to install adequate guards to prevent worker entrapment. Victims of machine entrapment accidents tend to suffer very serious and costly injuries including:
- Broken bones
- Crushing injuries
Any worker that is injured in New York is protected by a number of laws. They may be able to seek damages through worker’s compensation, the labor laws or some third party negligence claim. Damages can help cover lost wages, medical bills and pain and suffering. Navigating the complex mesh of laws protecting workers can often be very difficult and confusing. A New York personal injury attorney can examine all of the unique facts of your case and let you know what your legal options are.
Investigating A Monroe County Industrial Accident
We at Gersowitz Libo & Korek, P.C. extend our best wishes to the worker injured in this Rochester accident. Anyone that may have information about what happened should reach out to OSHA. Were it not for the quick thinking and bravery of coworkers this could have been a fatal accident.
This incident raises a number of safety concerns. Were the workers at this location given adequate training? Was the machine involved properly guarded? Could this incident have been prevented? Worker safety should always be the number one priority for every company. But far too often profits are valued above safety and it’s workers who often pay for that with their bodies and lives.