Every work environment comes with its own risk of injury regardless of the industry. Even those simply doing office work in California may end up hurting themselves in one way or another. However, workplaces that require employees to use heavy machinery generally have a higher chance of a serious workplace accident occurring that could result in an injured worker claim. Launching an employer defense may be required in certain instances.
This may be exactly what is required after a recent workplace accident at Viking Blast & Wash Systems. The incident occurred when a 24-year-old worker was using a lathe one morning in early January. Somehow, the part of the lathe the man was working on ended up becoming bent. This caused the lathe to strike the man in the head, killing the man instantly.
Although it is a shame that the worker died, the employer will now also have to consider potential legal and financial consequences of the workplace accident. The Occupational Safety and Health Administration (OSHA) is now looking into the incident, and investigators will attempt to determine what may have caused the accident. If OSHA determines that there were safety violations present, the administration could issue citations that could be financially detrimental to the employer.
On the other hand, the employer also has legal rights in this situation. An effective employer defense strategy may call for the employer to attempt to use proper legal avenues to appeal the citations. This may be a possibility for any employer or company that finds itself in a similar situation in California.
Source: wibw.com, “South Kansas man dies in industrial accident“, Nick Viviani, January 13, 2016