Common Types of Heavy Machinery Accidents

Workplace accidents involving heavy equipment can be life-altering. Beyond the immediate trauma and pain, you may be facing mounting medical bills, lost income, and challenges in your daily life. If you’ve been injured in such an accident, you should know that you have options for financial recovery.

You can pursue coverage for your medical expenses and lost wages through workers’ compensation. In some cases, you may also be eligible to file a claim against third parties whose negligence contributed to your accident, which could provide additional compensation for your pain and suffering. Let us help you understand your rights and explore all available paths to recovery.

Speak with a heavy equipment accident lawyer at Munley Law to learn more about your legal options. We’re prepared to fight for the full amount of compensation you deserve. Get started today by contacting us for a free consultation.

Understanding Heavy Machinery Accidents

The following are key points you should know about heavy equipment accidents:

• Accidents involving heavy equipment and machinery represent one of the top causes of workplace fatalities in the construction industry.
• It’s not uncommon for heavy equipment accidents to cause severe injuries, disability, and loss of life.
• Many factors can cause heavy equipment accidents, such as driver error, equipment failure, and improper assembly.

You deserve proper compensation if you’ve been injured in such an accident. Learn more by contacting us today.

Common Types of Heavy Equipment Accidents

A heavy equipment accident can take many forms. Common examples of accidents involving heavy construction equipment include:

• Struck-by accidents: These accidents involve workers being struck by heavy machinery or equipment, typically when said equipment is in use. Per the Occupational Health and Safety Administration (OSHA), struck-by accidents represent 8.4% of deaths in the construction industry.
• Caught-in accidents: A caught-in accident can qualify as a heavy equipment accident when a victim is caught between two pieces of heavy equipment or between a piece of heavy equipment and another immovable surface or fixture. OSHA also includes caught-in accidents among its “Fatal Four,” the four leading causes of death in the construction field.

It’s worth noting that heavy equipment accidents aren’t the only types of accidents that can cause injury or death at construction sites. Falls remain the top cause of fatalities in construction. Electrocution accidents come in second.

Contact us if you’ve been injured in any type of construction accident. Our team will review your case and offer the representation you deserve.

Statistics on Heavy Equipment Accidents

Heavy equipment accidents may be most common at construction sites. That doesn’t mean they’re restricted to this setting.

Per the National Safety Council (NSC), serious injuries resulting from contact with objects or heavy equipment constitute the third-leading cause of work-related death across all industries in the nation. Along with construction, accidents involving heavy machinery and equipment can occur in mining, manufacturing, warehousing, and various other fields.

That said, mobile heavy equipment accidents play a significant role in fatalities at construction sites. Mobile heavy equipment (like trucks) is often a factor in more than one-third of all construction site fatalities.

In general, heavy equipment accidents can cause serious injuries, resulting in costly medical bills for victims. An injured worker might also have to take time off work during their recovery. Thus, they might also struggle financially due to lost wages.

Compensation is typically available for such losses. Contact us today to speak with a heavy equipment accident lawyer and learn more about your rights.

Causes of Heavy Machinery Accidents

Human Error

Operator error can involve everything from failure to follow safety protocols to making mistakes due to insufficient training. It’s critical that employers confirm those who are responsible for operating heavy machinery are qualified to do so safely.

Proper personal protective equipment (PPE) serves as a critical defense against severe injury in heavy machinery accidents. While employers are legally required to provide adequate PPE, this equipment does more than fulfill a regulatory requirement—it can mean the difference between a minor injury and a life-threatening one. From steel-toed boots that protect against crushing injuries to impact-resistant helmets and safety goggles that shield against debris, each piece of PPE serves as a safeguard for workers when accidents occur.

Of course, workers need to use this equipment correctly. They must also properly use and understand all safety features of the machinery they operate.

Equipment-Related Factors

Equipment failure is another common cause of heavy machinery accidents. Equipment failure can result from:

• Design flaws
• Manufacturing errors
• Lack of proper maintenance
• Improper balancing
• Improper assembly

Employers and those responsible for providing work teams with heavy equipment and machinery should inspect said equipment regularly. Effective maintenance is often key to preventing accidents.

Prevention Strategies

Implementing Safety Protocols on Construction Sites

The right safety protocols and safety procedures for one job and crew may not be ideal for another. Employers should follow OSHA guidelines while also tailoring protocols to their specific needs.

That said, a general safety plan may include the following essential elements:

• Training workers thoroughly
• Providing workers with well-maintained equipment and safety gear
• Drilling workers on safety protocols before starting major jobs
• Ensuring proper communication among team members and providing the equipment necessary for easy communication
• Ensuring heavy equipment operators are aware of all potential hazards

Again, these are general points. An employer should consider the unique qualities of a job or work site when establishing and modifying safety procedures.

Employer Responsibilities and Liabilities

Training and Certification Requirements

OSHA regulations require heavy machinery operators to possess all necessary certifications and qualifications. Employers must provide training and certification to heavy equipment drivers accordingly. Training may consist of:

• Practical exercises
• Simulations
• Feedback sessions

Operators may also need to be recertified within specific timeframes to maintain the privilege of operating certain pieces of equipment. The timeframe and recertification process can vary depending on the type of machinery a worker is certified to operate.

Employers are also generally responsible for providing PPE and ensuring heavy machinery is in good working order. However, an employer may have less responsibility in this area if a third party provides the equipment.

Employer Liabilities in Heavy Machinery Accidents

The legal theory of vicarious liability states that an employer is often responsible for the actions of employees when they’re performing their duties. Thus, if a pedestrian is injured in a heavy machinery accident, the employer of the operator whose negligence caused the accident may be liable.

You might assume you can only file a workers’ compensation claim if you were injured in a heavy machinery accident while on the job. That’s not necessarily the case.

It’s true that you typically can’t sue an employer after a workplace accident. Your main means of compensation in these cases may be to file a workers’ compensation claim.

However, exceptions may apply when you were injured because an employer violated a safety regulation. You might also sue your employer if they don’t have workers’ compensation insurance. Speak with a heavy equipment accident lawyer for more information about this option.

Similarly, if workers’ compensation benefits aren’t sufficient to compensate you for all your losses, you might also file a third-party liability claim or lawsuit if another party’s negligence caused your injuries. For example, this could be an option if you were hurt in an accident resulting from defective equipment.

Common Injuries and Compensation

Types of Injuries Caused by Heavy Machinery

Because heavy equipment accidents can take various forms, they can also cause various types of injuries. The following are among the more common:

• Crushed internal organs
• Internal bleeding
• Fractures
• Spinal cord injuries
• Traumatic brain injuries
• Amputation
• Disfigurement
• Electrical burns

Those are just examples. Serious injuries resulting from a heavy machinery accident can lead to lifelong struggles for victims. For example, an accident that results in amputation of a limb may prevent someone from returning to work and earning the income they once earned.

Factors Affecting Compensation

The severity of the injury is the primary factor influencing compensation. Other significant factors that may play a role in determining the compensation available include:

• Medical bills, which may include future medical expenses
• Lost wages, potentially including lost earning capacity
• Pain and suffering

State guidelines establish when employers must have workers’ compensation insurance. As such, state guidelines can also affect compensation. Learn more about the compensation that may be available in your case by contacting our law firm today to speak with a heavy machinery accident lawyer.

 Workers’ Compensation Claims for Heavy Equipment Accidents

Most reasonably large employers in Pennsylvania and most other states are required to carry workers’ compensation insurance. Workers’ comp provides injured workers with a safety net.

You don’t have to prove you were injured because of negligence when filing a workers’ compensation claim. You only need to show your accident was genuinely work-related.

Having a heavy equipment accident attorney by your side can simplify this process. We’ll ensure your paperwork is accurate and submitted on time. If the insurance company tries to deny your claim by arguing you weren’t serving as an employee when you were injured, we can provide evidence to strengthen your case.

Again, except in rare circumstances involving substantial violations of applicable regulations and statutes, workers’ compensation claims shield employers from liability. That means you usually can’t sue your employer if you receive workers’ compensation benefits.

What if workers’ compensation doesn’t cover all your losses? Our attorneys will consider this, investigating your case to determine if filing a third-party claim or lawsuit is an option.

Building a Strong Case for Third-Party Liability Claims

Filing a third-party claim or lawsuit is viable if an outside party is at fault for your accident. For example, a negligent contractor or equipment supplier could be responsible for your injuries.

Taking action against a third party may be particularly helpful when workers’ compensation doesn’t cover all your losses. For instance, while workers’ comp covers medical bills and some lost wages, it may not cover pain and suffering and similar noneconomic struggles resulting from an accident.

A heavy equipment accident lawyer can review your case to help you better understand if filing a third-party claim is a valid means of seeking compensation. Get in touch with our firm today to learn more.

Contact a Heavy Equipment Accident Attorney at Munley Law

The aftermath of a heavy equipment accident can be a confusing time. You need to adjust to life with injuries while also determining how to pursue the compensation for which you may be eligible. If you attempt to pursue compensation on your own, you’ll likely have to fight insurance companies and liable parties who might be reluctant to offer a fair settlement.

This isn’t a fight you need to face alone. At Munley Law, our team has the experience, resources, and proven track record necessary to pursue justice on your behalf. We operate on a contingency fee basis, meaning you only pay if you win. Learn more about what our heavy equipment accident lawyer can do for you by contacting us today to schedule your free consultation.