Macon Heavy Equipment Accident Attorney
Workplace injuries are often complex, and while workers’ compensation benefits ease some of the stress in these situations, they often fall short of covering the total damages. Accidents involving heavy equipment may involve a claim against a third party, and due to the risks involved in the operation of heavy equipment, proving negligence may be a necessary step in obtaining just compensation.
The attorneys at Nelson & Smith specialize in personal injury cases. Any type of injury involving heavy equipment will likely be serious and may have lasting effects. If you’ve been injured by heavy equipment, you will need legal professionals with experience in these kinds of cases who understand what will be necessary to prove negligence.
OSHA’s “Fatal Four”
The Occupational Safety and Health Administration (OSHA) recently defined the four most common causes for construction worker fatalities:
- “Struck by object”
- “Caught in/between”
Most “struck by” deaths involve some kind of vehicle or heavy equipment. These pieces of machinery are absolutely vital to the construction industry, but they are extremely hazardous to their operators and the people close to them. In some cases, the injury may not be due to operator error, but faulty manufacturing or maintenance. Depending on the situation, a product liability claim may be in order.
Third Party Claims
If your workplace was not directly responsible for your injury, and it resulted from an improperly manufactured piece of equipment, the manufacturer or supplier may be considered negligent if they knowingly sold a faulty or poorly-constructed product.
Your employers must legally provide you with a hazard-free workplace, and if they knowingly allowed defective products or equipment to be used, they may be held accountable, or considered negligent. A workplace liability suit against a third party may have a domino effect and result in further investigations if the supplier or manufacturer provided other defective materials or equipment.
To prove negligence in a heavy equipment injury case, a few criteria must be met. The first necessary step is to establish that the defending party owed a duty of care or a responsibility to provide safe and effective equipment. The next step will entail showing how that duty was breached or disregarded, and finally you will need to prove your injuries were a direct result of their failure to fulfill their duty of care.
In the case of heavy equipment injuries, your attorney may need to show that the manufacturer cut corners in production and used faulty parts or materials, or knowingly sold defective materials. Manufactures may not have conducted proper quality inspections. They must be able to prove their products and equipment were properly constructed and perform as intended.
Workers’ Compensation Only Goes So Far
Although your employer probably offers workers’ compensation benefits, the payout you will receive will likely only cover some of the costs of medical expenses, lost wages from missed work, and partial disability. It is extremely unlikely that it will cover the damage from your pain and suffering or any long-term medical treatments.
Whether your employer used unsound practices in your workplace, supplied faulty equipment, or your injury was the result of improper or inadequate training, the team at Nelson & Smith knows exactly what you will need to prove negligence and get you fair compensation.
In cases involving a third party claim, we consult industry experts to ensure you weren’t injured by a defective product. We will exhaust all available options to settle your case for the maximum amount outside of court, but we are always prepared to go to trial if we must. Nelson & Smith have the experience to make the process as timely and successful as possible. Reach out to our legal experts today for a free consultation.