Crane and Heavy Machinery Accidents

Recover compensation for your construction site injuries with Dressie Law Firm attorneys

Explore comprehensive legal guidance on crane and heavy machinery accidents. The Dressie Law Firm offers advice on safety, liability, and compensation. Call us for more information.

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Understanding Your Legal Rights in Crane and Heavy Machinery Accidents

Crane and heavy machinery accidents can result in serious injury, disability, and even death. Such accidents take various forms, from falls and knocks to electrocution and crushes. Heavy equipment accidents are common in construction sites, and workers are the most likely victims.

Understanding your legal rights in construction site accidents is critical to making the right decision. You may qualify for workers’ compensation if injured in a heavy equipment accident. You can also file a personal injury lawsuit against third parties.

Dressie Law Firm has extensive experience helping victims of personal and workplace injuries. Our team can provide legal counsel and protect your rights and interests. Contact our Atlanta construction accident lawyer to find out how we can help.

Understanding Crane and Heavy Machinery Accidents

    Cranes and other heavy machinery can cause fatal injuries. The most common types of crane accidents involve getting hit by equipment or objects. Construction vehicles can also result in crush injuries.

    Causes of Accidents

    The most common causes of construction equipment accidents are equipment malfunction, operator error, and safety protocol violation. Defective equipment can fail, resulting in catastrophic accidents. This could be due to a product defect in the manufacturer’s design.

    Lack of proper communication can also cause accidents involving construction machinery. Other causes of construction accidents include inadequate protective equipment and poorly maintained machinery. Missing machine guards and equipment safety may also cause accidents.

    Statistics and Trends

    According to the BLS fatal occupational injuries report, 297 crane-related deaths occurred between 2011 and 2017. Over half of the fatal cases involved construction workers being struck by an object or equipment. About 22% of the accidents involved a worker operating the crane.

    Thousands of workers are injured annually in the construction industry. However, most construction machinery accidents are preventable. Avoiding risk factors like the lack of regular inspection and maintenance can prevent catastrophic accidents and injuries.

      Legal Aspects of Crane and Heavy Machinery Accidents

      Injured heavy machinery operators can pursue workers’ compensation benefits to recover medical bills and other damages. You can also pursue third-party claims against manufacturers, contractors, and non-employer parties.

      Liability and Responsibility

      Multiple parties can be liable for crane accidents. Employer liability occurs when the employer fails to provide protective equipment or maintain machinery. Manufacture liability arises when the machinery has inherent defects that cause failure and accidents.

      Third parties like contractors and subcontractors can be held liable for negligence leading to an accident. The workers’ comp covers employer liability and accidents caused by other workers. However, you can explore legal action against manufacturers and other third parties.

      Workers’ Compensation and Personal Injury Claims

      A workers’ compensation claim settles most construction site injuries. Employers are required to provide workers’ compensation, which is a type of insurance for workplace injuries. The insurance can pay for medical bills and other economic damages a worker suffers.

      Injured crane operators can claim workers’ comp benefits from their employers. This is different from a personal injury claim, which is filed against a third party. On the other hand, personal injury lawsuits seek payment for medical expenses, lost wages, emotional distress, and other damages when parties other than the employer are liable for the accident.

      $Dressie Law Firm has experience helping victims of heavy equipment accidents. We can help you file for workers’ compensation or pursue lawsuits against third parties. Our compassionate team is ready to review your case and provide legal guidance.

      Preventive Measures and Safety Protocols

      The majority of crane accidents are preventable. Employers, manufacturers, and contractors must follow the safety guidelines that OSHA and other organizations provide. This includes inspecting and maintaining heavy machines and providing adequate PPEs.

      Construction companies should hire qualified heavy equipment operators. Employers can also train workers on the different types of heavy equipment. Following regulatory standards, training, and routine maintenance can help prevent most accidents.

      OSHA’s occupational safety standards are designed to provide workers with a safe environment. Employers and general contractors must comply with all safety regulations to keep the job site safe. OSHA’s safety standards and guidelines address the following:

      • Regular inspection of cranes, trucks, and other heavy machinery. This includes pre-shift, periodic, and post-modification inspections

      • Proper load capacities, clearance, and labeling to protect front loaders from potential issues

      • Operational safety, load handling, signaling, and communication

      • Proper training for crane and heavy machinery operators to reduce accidents

      • Standard design of crane components, including power lines, chains, brakes, and hooks

      • Efficient recordkeeping for inspections, tests, maintenance, and compliance

      Navigating the Legal Process

      Getting injured in a heavy equipment accident can result in costly medical expenses. You may also be removed from work for several weeks, months, or years. Pursuing legal action can provide the financial compensation required to deal with the aftermath of an accident.

      Steps in Filing a Claim

      You can file a personal injury claim in addition to seeking workers’ comp benefits. Undocumented workers in construction accidents can also file third-party claims. Filing a workers’ compensation claim is fairly straightforward, but it’s the documentation process that requires professional help.

      Generally, you need to report the accident and injury to your employer immediately. Failure to do so can hamper your chances of success. Next, you must seek medical attention if you haven’t already. You will need medical bills and records to support your claim. You must then prepare and file Form WC-14 with the State Board of Workers’ Compensation along with medical records and all available evidence. You will receive a decision from your employer’s insurance carrier of whether your claim has been accepted and for which benefits.

      Contact Our Crane Accident Attorneys at The Dressie Law Firm

      Heavy machinery accidents in construction sites or other job sites can be devastating. Common injuries include fractures, head injuries, spinal cord injuries, and soft tissue injuries. Workers’ compensation may pay for medical expenses, but you may be eligible for a personal injury claim if third parties cause your injuries.

      Dressie Law Firm can help you seek additional compensation for your damages. Our office is experienced in handling personal injury cases and helping clients get fair compensation. Contact us today for a free consultation and legal guidance in your crane accident case.

      The Dressie Law Firm Can Help You

      If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

      Contact us today to schedule your free consultation!