Eason & Tambornini, A Law Corporation is proud to employ an experienced staff of knowledgeable attorneys and assistants that are well-versed in laws regarding personal injuries, injuries/illnesses that occur in the workplace (Workers Compensation) and labor law.
Because we have such a well-rounded group, Eason & Tambornini, ALC is prepared to take on complicated cases that involve personal injuries and employment injuries in all forms.
One such case was recently settled by attorney Seth R. Bradley & Kyle K. Tambornini for the maximum under the available policy limits of $1 million. A related claim is currently being pursued in the Division of Workers Compensation.
The Story Behind The Injury
The settlement is the result of a nightmarish scenario for a teenage factory worker, who’d recently been promoted from laborer to operator of a power press that forges heads onto rebar. While working an overnight shift at a Northern California rebar factory, our client suffered an injury that changed his life forever.
While changing out a part of the machine, our client opened up the area of the machine where the power press contacts and forges the heated rebar. To gain entry to this area of the power press, he slid open a cover that’s always closed when machine is “in use.” The machine was engaged while our client’s hand was still inside, which was possible because while the machine was not “in use” it was still plugged in. The press, designed to forge metal at 10,000 PSI, crushed his gloved hand.
Our client lost all of his fingers and the use of his hand. This catastrophic injury resulted in multiple surgeries, skin grafts and a prosthetic hand. He can no longer hold an object in the injured hand, let alone use it for labor. Our client was compensated for intense pain and suffering, hundreds of thousands in medical bills and the loss of past and future wages.
How Eason & Tambornini’s Attorneys Approached The Case
To the attorneys at Eason & Tambornini, this was clearly an issue of product liability. The machine’s design was defective and such a scenario should never have been possible.
Attorney Seth R. Bradley said his first thought was “how could that machine power on and engage if someone had the safety cover open to work on it?”
A simply applied and affordable feature could have prevented this scenario in the first place. If a “limit or dead-man switch” had been installed, then there would have been no way for the machine to engage if the safety cover was open and this injury could have been prevented. Shortly after the injury, such a switch was installed at the factory where our client was injured as well as on all the other similar machines the Defendant manufactured.
A defective design was proven to be a main factor in our client’s injury, but not wholly responsible.
Exposing An Unsafe Work Environment
After deposing the parties responsible for the design, our attorneys discovered a lack of training and formal education regarding those responsible for machinery design. Additionally, the Defendant Manufacturer failed to recommend the adequate amount of tooling needed for the machines to the companies and operators using them. They also failed to properly ensure those who used the machines were trained how to operate them safely.
The manufacturer said that nobody is allowed to operate the machine without the manufacturer’s certification and that employees of the manufacturer trained operators the day the machines were initially installed.
However, new trainees were trained by in-house employees and their certification was awarded based on a quality check of rebar mailed to the manufacturer. There was no process to confirm how the bars were headed, who they were actually headed by or any safety regulations.
This meant that other than when the machines were installed, operators were trained by their coworkers and that certification was merely a quality or completion check. It’s clear that safety wasn’t a priority in training and certifying employees to use the rebar press.
This broken and inadequate system violated OSHA and placed improperly trained employees in harm’s way.
The Eason & Tambornini Difference
Attorneys at Eason & Tambornini excel at helping clients find their way after accidents on the road and in the workplace and guiding them through the challenges from fraudulent employers and large insurance companies. Our team is united by an all-encompassing commitment to our clients, attention to detail and relevant experience in our respective practice areas. We adhere to a standard of excellent representation and consistent care for those who have entrusted us with their issues.
If you’re an injury victim or an employee in need, don’t hesitate to call our office for a free consultation. Our attorneys will make sure you know everything you need as it relates to your situation and provide you with helpful resources right away. We look forward to putting over 60 years of combined experience in Personal Injury Law, the California Workers Compensation System and Overtime Law to work for you!
