In 2018, a worker in New Castle, Delaware, lost three fingers in a punch press accident. The employee reached into the die to clear a jam, accidentally stepping on the machine's start lever. The press cycled, crushing his hand.
The incident led to an Occupational Safety and Health Administration (OSHA) investigation, which resulted in proposed penalties of $146,152 for multiple workplace safety violations.
Punch press malfunction accidents can change lives in an instant, leaving victims facing physical pain, emotional trauma, and financial uncertainty. But with a skilled punch press malfunction accident attorney, victims may be able to seek compensation and justice for them and their families.
Injured in a Punch Press Accident?
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Common Causes of Punch Press Malfunctions
OSHA reports that nearly half of punch press injuries result from inadequate guarding. Other common causes of punch press malfunctions include:
- Lack of lockout/tagout procedures
- Irregular machine inspection and maintenance
- Insufficient operator training
- Defective machine design or manufacturing
- Poor workplace lighting and ventilation
Types of Punch Presses and Their Risks
The type of punch press that injured you can significantly impact your case. Here's what you should know about different power presses and their risks:
- Mechanical Power Presses. These are the most common and often the most dangerous. They use two types of clutches:
- Full revolution clutches. Once activated, these complete an entire cycle before stopping. If your hand gets caught, the press won't stop until the cycle is complete, often causing severe injuries.
- Part revolution clutches. These can be stopped mid-cycle. While generally safer, they still pose significant risks if safety mechanisms fail.
- Hydraulic Presses. These use fluid pressure to power the press. They're typically slower but can exert enormous force.
- Pneumatic Presses. Powered by compressed air, pneumatic presses are often used for lighter work but can still cause serious injuries.
How you operate these machines also affects your risk:
- Foot-controlled presses cause about twice as many injuries as hand-controlled ones. If you were using a foot-controlled press when injured, this could be a crucial factor in your case.
- Single-stroke presses require you to activate the control for each cycle, while continuous mode allows the press to cycle repeatedly. Continuous mode can be particularly dangerous if safety guards are inadequate.
Key safety features that should have been in place include:
- Point of operation guards
- Two-hand trip controls
- Presence-sensing devices (like light curtains)
- Pull-back or restraint devices
If these were missing or faulty when you were injured, it could strengthen your claim.
Note that OSHA requires all point-of-operation injuries from mechanical power presses to be reported within 30 days. If your employer failed to do this, it could be another violation to consider in your case.
Potential Injuries and Long-Term Impact of Punch Press Injuries
Punch press accidents often result in catastrophic injuries:
- Amputations of fingers, hands, or arms
- Crushing injuries
- Deep lacerations
- Fractures
- Traumatic brain injuries from ejected parts
Meanwhile, the long-term consequences of these incidents may include:
- Permanent disability
- Chronic pain
- Psychological trauma
- Job loss or forced career changes
You may be facing extensive medical treatments, long-term rehabilitation, and the possibility of never returning to your previous job. The emotional and financial toll on you and your family can be overwhelming.
What to Do After a Punch Press Accident
If you've been injured in a punch press accident, your actions in the coming days are critical. Here's what you need to do:
- Seek immediate medical care, even if your injuries seem minor. Some injuries, like internal trauma, may not be immediately apparent.
- Report the accident to your supervisor or employer as soon as possible. This creates an official record.
- If you're able, document the accident scene. Take photos of the machine and your injuries.
- Collect contact information from any witnesses. Their accounts could be crucial to your case.
- Keep all medical records and receipts as these will be substantial evidence.
- Don't sign any documents or give recorded statements without legal counsel. Your words could be used against you.
But above all, your health is top priority. Prompt medical care ensures proper treatment and creates an official injury record, which is crucial for your claim.
What are Your Rights as a Punch Press Accident Victim?
New York law provides strong protections for workers, especially in dangerous industries. NY Labor Law Section 200 requires employers to provide a safe working environment. Additionally, OSHA regulation 29 CFR 1910.217 sets strict safety standards for mechanical power presses.
Your case may involve multiple responsible parties:
- Your employer, if they failed to maintain a safe workplace.
- The punch press manufacturer, if the machine was defectively designed or made.
- Maintenance companies, if poor servicing led to the malfunction.
- Third-party contractors responsible for training or supervision.
While workers' compensation typically covers workplace injuries, it's not always your only option. If your accident resulted from defective machinery or third-party negligence, you might qualify for a personal injury lawsuit. This could provide additional compensation beyond workers' comp, including damages for pain and suffering.
Get Compensation for Punch Press Injury
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Lessons from the Delaware Case
The tragic incident mentioned in the beginning offers valuable lessons in punch press machine safety. OSHA's findings highlight critical areas where employers must focus on preventing similar accidents:
| Safety measure | Description |
| Adequate Machine Guarding | Proper guards can prevent workers from coming into contact with dangerous moving parts. |
| Lockout/Tagout Procedures | These procedures prevent the unexpected startup of machinery during maintenance or repairs. |
| Employee Training | Workers must be thoroughly trained in machine operation, safety procedures, and hazard recognition. |
| Regular Maintenance | Consistent inspections and maintenance can prevent malfunctions that lead to accidents. |
| Safety Block Usage | Safety blocks between dies during maintenance can prevent unexpected machine movement. |
| Incident Reporting | Prompt reporting of accidents to OSHA is crucial for addressing safety issues and preventing future incidents. |
You have the right to a safe workplace. If your employer failed in this duty like those in the Delaware case, they may be held liable for your injuries.
Seeking Expert Legal Counsel for a Punch Press Malfunction Accident?
The Porter Law Group will help you secure the compensation you and your family need for medical bills, lost wages, pain and suffering, and future care. Our team of seasoned punch press accident lawyers has decades of combined experience in workplace injury cases.
If you or a loved one has suffered injuries from a punch press malfunction, reach out to us online for a case evaluation or call us toll-free at 833-PORTER9 to schedule a free, no-obligation consultation. Our contingency-based fees mean you don't pay unless we win your case.
