A 68-year-old Huron County Man was killed in a grain bin accident in early September. He became trapped inside despite the efforts of local farmers and emergency services. When the man was finally located, he was pronounced dead at the scene.
This accident is a tragic reminder that work accidents can be deadly. Grain silos and bins are an integral part of the agricultural industry, storing large quantities of grain to meet the world’s growing demand for food. However, they can be very hazardous. When someone loses their life in a work accident, surviving family members may be entitled to compensation.
Who is responsible for grain bin accidents?
Grain silo accidents can be caused by a variety of factors, including equipment malfunctions, improper maintenance, lack of safety protocols and human error. These accidents can lead to serious injuries or even fatalities, and liability may rest with several parties:
- Employers: In many cases, grain silos are located on farms. Farm owners have a duty to provide a safe working environment for their employees. If they fail to maintain equipment, provide proper training or enforce safety measures, they may be held liable for accidents on their property. If the grain silo is part of a larger agricultural operation, the employer of the injured person may be responsible. These claims are usually covered under workers’ compensation. In rare cases, plaintiffs may be able to file a personal injury claim against their employer.
- Equipment manufacturers: If the accident was caused by a defect in the grain silo’s equipment, such as augers, conveyors or safety mechanisms, the manufacturer of the defective equipment may be held liable under product liability laws.
- Third parties: Sometimes third parties are at fault. For example, a third-party contractor responsible for maintaining or repairing equipment in the grain silo could be held liable if they were negligent.
Workers’ compensation vs. third party claims
Generally, most on-the-job injuries are covered under workers’ compensation. This system is designed to provide financial assistance and medical benefits to employees and their survivors, regardless of fault.
However, there are cases where a third party, such as a manufacturer or contractor, is responsible for the injury. An injured worker may also have grounds to file a third-party personal injury claim. This allows them to seek additional compensation for damages. The plaintiff must show that a separate party’s negligence or wrongful actions contributed to the injury.
For assistance with your workers’ compensation and third-party personal injury claims, call the Law Offices of Tim Misny today.
Discuss your case with an Ohio attorney
The Law Offices of Tim Misny can help you with your workers’ compensation and third-party personal injury claim. If you or a loved one were injured on the job, I’ll Make Them Pay!® Call my office at 800-556-4769 so that I can evaluate your case right away.
