Georgia Heavy Equipment Injuries and Death Attorneys

Working on construction sites, in manufacturing plants, and industrial facilities where there is heavy equipment present places workers at risk of serious injury and death. There are currently more than 400,000 workers in the U.S. that run heavy equipment, and only 4% of these are considered self-employed. These workers are employed by a variety of industries such as utility and construction companies, factories and manufacturers, state and local governments, and specialty trades. They might operate and maintain any number of different heavy equipment machines such as:

• backhoes
• bulldozers
• excavators
• pile driving equipment
• pavers
• cranes
• front end loaders

These machines take specialized training and knowledge to operate, and employers have a responsibility to ensure that conditions are safe. If you or a family member have been injured by heavy equipment, you are likely entitled to workers’ compensation benefits. When defects are present, a third-party case is also possible. The experienced workplace injury attorneys at Bailey, Javins & Carter, L.C. have extensive experience helping heavy equipment accident victims and their families obtain the compensation they deserve from the parties responsible for their harm. Contact our office today to schedule a free review of your case, and we’ll discuss your options.

What Are the Causes of Heavy Equipment Accidents?

Liability for “Struck By” Injuries on Construction Sites

Construction workers can sometimes suffer severe injuries and after getting struck by objects or debris. Oftentimes, it goes beyond just the physical injuries they sustain – there is a psychological aspect to this as well. For example, getting struck by a falling object that comes out of nowhere can cause conditions like posttraumatic stress disorder (PTSD), making it difficult to even return to a job like that.

Working around heavy equipment is inherently dangerous. While these machines can be useful for moving heavy items, digging holes, and paving roads, they can cause serious injury and even death. Some of the most common causes of heavy equipment accidents include:

• Getting struck by flying, falling, or discharged objects
• Getting pinned by heavy machinery
• Getting struck by moving machinery
• Being rolled over by machinery
• Getting dragged by moving machinery
• Getting caught between large vehicles backing up
• Being crushed under collapsing structures
• Getting injured while mounting or dismounting machinery
• Getting injured while on or in a tipped over machine
• Getting injured while cleaning or adjusting machinery
• Getting injured while repairing or maintaining machinery
• Getting injured while reaching or stepping over machinery
• Getting injured while unjamming materials in a machine
• Getting crushed by unloading activities
• Getting electrocuted while operating machinery

Common Injuries Caused by Heavy Equipment

Injuries from heavy equipment are often severe, and some can even be deadly. OSHA reports that there are more than 20,000 injuries and 100 deaths each year in the construction industry, and 30% of these involve heavy equipment operators. The most common types of injuries linked to these accidents include:

• Spinal cord injuries
• Broken bones
• Concussion
• Amputations
• Electrical burns
• Crush limbs, hands, and fingers
• Burns
• Hearing loss
• Repetitive motion injuries

Who is Responsible for Heavy Equipment Accidents?

Injuries from heavy equipment happen for a variety of reasons. Sometimes it’s basic human error on the part of the equipment operator or another worker that causes the accident. If you made a mistake and were injured, you should still be covered by workers’ compensation. In other cases, the company, a general contractor, or a subcontractor on the job site may not have taken the proper steps to ensure that all proper safety precautions were being followed. These are issues that OSHA may need to investigate further and you might have a case against an outside party. Finally, if there was a design or manufacturing defect in the equipment that led to your injuries, you may be able to file a third-party lawsuit in addition to your workers’ compensation claim. This will allow you to make a claim for additional damages such as pain and suffering.

Preventing Heavy Equipment Accidents

Your company has a duty to provide you with a safe working environment. This includes requiring that you have the proper training and licensure to operate heavy equipment. OSHA has created safety rules to prevent just these types of dangerous and deadly accidents from occurring. Some of the best ways to avoid heavy equipment accidents include:

• Don’t touch moving machinery. When heavy equipment is on, avoid going near it or interacting with the worker that is operating it.
• Create a work plan. Job sites should have a plan that describes what needs to be done if a piece of machinery isn’t functioning properly.
• Have proper training. Anyone who operates heavy equipment should have the proper training and any required licensure.
• Use adequate machine guards. Machine guards are there for your protection. Never disable or modify them.
• Wear proper safety gear. Failure to wear adequate safety gear can leave workers exposed to the risk of greater injury.

Even with safety measures in place, accidents still happen. If you’ve been injured, report the accident to your employer and seek immediate medical attention.

Heavy Equipment Accident Lawsuits

If you or someone you love has been injured or killed in a heavy equipment accident, it will generally fall under the employer’s workers’ compensation coverage – but not always. Workers’ compensation provides no-fault coverage for such things as medical care, lost wages, death benefits, and even a lump sum settlement if there is a severe injury. But companies that manage an unsafe construction site or workplace could be liable for injuries sustained on the job. In some cases, property owners, general contractors, suppliers, engineers, architects, equipment designers and manufacturers, and others may also be responsible for compensating victims of heavy equipment accidents. Each year, heavy equipment accidents generate millions in verdicts and settlements for victims and their families. Most commonly, human error and company negligence is the cause. However, product liability is also a possibility. In past cases, heavy equipment has been found to be poorly designed or malfunctioning. These are complex cases, and you’ll never be able to count on the insurance company or your employer to be honest and fair about your benefits or a settlement. If you have questions about the legal remedies available to you, we urge you to seek competent legal counsel. At Bailey, Javins & Carter, L.C., our primary goal is to protect your interests and pursue maximum compensation in your case. Contact our experienced Georgia heavy equipment injury attorneys in our Atlanta office now at 678-981-5370 to schedule a free consultation.