Although of course San Diego, California, construction workers should do what they can to stay safe around their equipment and thus prevent construction accidents, it is ultimately the responsibility of the employer to provide safe and properly working equipment that will not hurt the employer’s staff.
Furthermore, the manufacturer of the equipment itself also has the responsibility for designing and making a safe product or, when it is not possible to get rid of all danger, at least adequately warning the user of the product of the possibility of harm.
In fact, the federal government has specific safety standards which cover lots of construction equipment commonly used in work zones, including table saws. These standards, which primarily apply to employers, exist in order to make sure that when a worker comes to the job, he or she can count on the fact that his or her own equipment or tools won’t harm him or her. The State of California must at a minimum adhere to standards equivalent to those required under federal law.
As this blog has discussed previously, workers in California who get hurt on the job, such as when they are using construction equipment, can get workers’ compensation benefits. Since these benefits are awarded on a no-fault basis, they can get this important financial help even if they bear some responsibility for the accident.
Moreover, if it turns out that a piece of equipment did not meet safety standards, then a construction worker may, as this blog has discussed, potentially file a third party liability action against the responsible party, including the manufacturer of the product. These types of suits enable an injured worker to have a better shot at getting full compensation for his or her loss.