Recently, members of the Phoenix Fire Department had to amputate a man's arm that was caught in a conveyor belt. Tragically, he got his arm stuck in the conveyor while at work. All too frequently, we see severe injuries occurring in the workplace caused by unsafe machinery or tools. Arizona law generally precludes a worker from suing his employer for injuries that occur on the job. Rather, the injured employee's exclusive remedy against the employer is workers compensation. In the case of severe injuries, however, this often leaves the employee left to fend for himself when the insurance is insufficient to cover medical expenses and the full harm suffered by the employee.
When the on-the-job injury is caused by a dangerous machine, however, the manufacturer of the machine or tool can be held responsible. Often, machinery fails to have the necessary guards or other safety equipment to prevent foreseeable injuries. The lawyers at Kinerk, Schmidt and Sethi are leaders in the State of Arizona in holding manufacturers of dangerous machines, tools, and products responsible for the injuries caused by their products. We work with top engineers in their field to help us understand if a product was unsafe, and what steps should be taken to make it safer.