You showed up to work. You did your job. Now you have an injury all because someone removed a safety guard, or never put one on in the first place.
A missing machine guard is not a random accident. Someone made a decision to cut corners, skip maintenance, or ignore a federal safety requirement, and now you are the one paying for someone else’s failure.
If you or a loved one has suffered a workplace amputation in Ohio, you may be in a position where you are asking yourself if you can do more than just file a workers’ comp claim. The answer depends on the facts of your case, which is why speaking with an experienced Ohio amputation injury lawyer as soon as possible matters.
What Ohio Law and OSHA Require for Machine Guards
Federal OSHA regulations require employers to install proper machine guards wherever workers could be injured by moving parts. This incudes:
- Rotating shafts, gears, and belts
- Blades and cutting components
- Pinch points and ingoing nip points
- Any point of operation where a worker’s body could make contact
These guards serve a critical role in keeping workers safe, they are not optional safety suggestions. Legally, employers are required to install, maintain, and replace these guards when needed. So, when a guard is intentionally removed, or never installed in the first place, that employer is violating federal laws.
Ohio employers are also required to adhere to the laws and regulations from the Ohio Bureau of Workers’ Compensation and the Ohio Industrial Commission. Both of which can become involved after a serious missing machine guard injury.
Workers’ Compensation vs. Lawsuit: Understanding the Difference in Ohio
Most injured workers in Ohio are covered by workers’ compensation. This system provides medical benefits and partial wage replacement, however, it does not allow you to sue your employer for negligence, and does not include compensation for any pain and suffering.
Although workers’ compensation is a common option for many employees facing workplace injuries, Ohio law does recognize an important exception.
Ohio’s “Intentional Tort” Exception
With workers’ compensation only covering certain aspects in the aftermath of a workplace injury, Ohio workers have the ability to explore more options with a law specific to the state.
Generally, you are not able to sue simply because an employer was negligent or careless. With this law, employees can sue employers for workplace injuries, bypassing the typical protection against lawsuits that employers have through providing workers’ compensation insurance.
This exception is only valid if the employer knew that the safety equipment was missing, understood that an injury was likely to occur, and still required the employee to operate the machinery anyway.
Who Else Can Be Held Responsible for Your Amputation Injury?
Your employer may not be the only party that plays a role in this incident. In many machine guard injury cases, additional claims can be brought against third parties, which are not limited by any workers’ compensation laws or systems.
In addition to your employer, the other parties that may be held responsible are:
- Machine manufacturers: If the machine was sold without adequate guards or with a defective design.
- Maintenance contractors: If an outside company removed guards during maintenance and failed to reinstall them.
- Equipment leasing companies: If a machine was leased or rented to your employer in an unsafe condition.
- General contractors or site managers: On industrial job sites where multiple companies operate, the entity responsible for safety oversight can share responsibility for your injuries.
- Supervisors or co-workers, who knowingly disabled safety systems.
These third-party claims can provide additional compensation beyond what’s available through workers’ comp.
How Harris Law Approaches Machine Guard Amputation Cases
At Harris Law, we handle serious injury cases for workers across Ohio. Attorney Sean Harris has over 25 years of experience representing people injured on industrial job sites.
When we take a machine guard case, we start by going to the scene. We inspect the equipment, review maintenance records, identify OSHA violations, and track down the evidence before it can be altered or destroyed. We work with industrial safety experts who understand how machines are supposed to be guarded and what it means when they are not.
We fight against employers and insurance companies who would rather minimize your claim than pay what you are actually owed. If you were hurt in a pinch point injury or any other industrial machinery accident, we want to hear what happened.
If you or a family member suffered a workplace amputation because of a missing or defective machine guard, you may be entitled to more than workers’ compensation provides. Call us today to have your case evaluated by an attorney who handles these claims.
Contact Harris Law for a Consultation
A workplace amputation changes everything. If you believe a missing or defective machine guard is responsible for your injury, do not wait for legal advice.
Evidence disappears. Deadlines are real. And the insurance company representing your employer is already working to protect its own interests.
Harris Law is here to protect yours.
Contact us today to schedule a consultation or learn more about the types of serious workplace injury cases we handle across Ohio.
Frequently Asked Questions About Amputation Injuries and Machine Guards
Can I sue my employer in Ohio for a missing machine guard?
In most cases, Ohio law limits injured workers to workers’ compensation benefits. However, if your employer knowingly removed safety guards or required you to work under conditions that made serious injury substantially certain, you may have a claim under Ohio’s intentional tort statute. This is a high legal standard, but it can be met with the right facts and evidence.
What is a third party claim, and how does it work with workers’ compensation?
A third party claim is a lawsuit brought against someone other than your employer, such as a machine manufacturer, maintenance contractor, or equipment company, who shares the responsibility for your injury. These claims are separate from your workers’ comp benefits and can help provide additional compensation for pain, suffering, and lost wages.
How long do I have to file a claim in Ohio?
Ohio’s statute of limitations for personal injury claims is generally two years from the date of the accident. For product liability or intentional tort claims, different deadlines may apply. It is important to consult a workplace amputation attorney in Ohio as soon as possible so that no deadline is missed.
What if the machine guard was removed by a coworker, not a supervisor?
Responsibility does not always stop with the person who physically removed the guard. If supervisors were aware of the missing guard and allowed work to continue, if the employer’s safety culture created pressure to bypass protections, or if the guard was never installed to begin with, there may still be a viable legal claim. The full circumstances of how and why the guard was missing will matter.
What evidence do I need to preserve after a machine guard accident?
Preserve everything you can: photographs of the machine, any personal records of safety complaints you made, the names of coworkers who witnessed the hazard, and any documents your employer gives you after the incident. Contact an attorney before giving recorded statements to any insurance company.
What does it cost to hire Harris Law?
We handle personal injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
