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Suing a Machinery Manufacturer for an Injury at Work

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  • 09-04-2010, 05:27 PM
    bkmech
    Suing a Machinery Manufacturer for an Injury at Work
    My question involves injury or loss that occurred in the state of: Pa

    New to this forum. Recieved an injury to my thumb from using a Grizzly belt sander. After cutting steel plate used sander to round off edge. Rolled steel plate up and down against sandinfg disc. Steel pulled from my hand pinching thumb between plate and sanding disc. pulled thumd tip through 1/4 inch slot between disc and anvil Amputated about half inch of thumb tip. Anvil is non adustable no decals or info stating machine cannot be used for steel I Emailed Grizzly and was told this is not the modle that they would reccomend for steel but can be used. I have been a mechanic for 25years not sure how this injury is going to affect my ability to continue in this trade. Would I have grounds for a suit against Grizzly? How should I persue this?
  • 09-04-2010, 10:22 PM
    Who'sThatGuy
    Re: Injury at Work
    If the products directions state what and what not the product could be used for and you went against the directions then I don't think a jury would award you anything.

    But from your statement it doesn't sound like you even read the directions in the first place. Belt sanders are meant for wood, you should have had a stone grinder handy.

    If this happened at work the best thing I could tell you is to open a workers comp claim.
  • 09-04-2010, 11:57 PM
    davidmcbeth3
    Re: Injury at Work
    Quote:

    Quoting Who'sThatGuy
    View Post
    If the products directions state what and what not the product could be used for and you went against the directions then I don't think a jury would award you anything.

    But from your statement it doesn't sound like you even read the directions in the first place. Belt sanders are meant for wood, you should have had a stone grinder handy.

    If this happened at work the best thing I could tell you is to open a workers comp claim.

    Given that he has 25yrs of experience, I'll give him the benifit of the doubt that he can operate is sander & that something with the sander is odd. If it happened at work, then you should file a WC claim, like whosthatguy. You could then file a claim against Grizzly. Your employer would then get on this case and ask for any WC $$ back if you win.
  • 09-05-2010, 10:27 AM
    Mr. Knowitall
    Re: Injury at Work
    Perhaps more to the point, getting injured on machinery does not of itself mean you have a case against the manufacturer. What (other than the fact that it was a belt sander) was dangerous or defective about the machine, that might have contributed to the injury?
  • 09-05-2010, 12:58 PM
    bkmech
    Re: Injury at Work
    This belt sander is what was purchased buy the shop I work for to use for steel, we do not work with wood (heavy equipment shop) 1/4'' gap between disc and anvil (Part you lay work on for sanding) Cant move anvil closer to disc. Steel slipped into gap resulting in injury.
  • 09-05-2010, 05:45 PM
    KeyWestDan
    Re: Suing a Machinery Manufacturer for an Injury at Work
    Generally your only recourse when injured on the job is workman's compensation.

    There is no way you could prove any equipment was defective. Any expert witness is going to say it was operator error. The machinery maker is certainly not responsible for the anvil or how the tool was being used.

    No attorney would take your case on contingency.
  • 09-14-2010, 01:13 PM
    doramider7
    Re: Suing a Machinery Manufacturer for an Injury at Work
    Ya it will be great if they both get active on this forum...
    and share their exp. with gaming...
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