People working in factories, construction sites, or other industrial settings often work around heavy equipment and machinery. These machines can be remarkably effective for the tasks they are designed to carry out. However, they can also cause debilitating or fatal injuries if they malfunction or another problem arises.
If you suffered injuries on the job due to an equipment or machinery problem, you may be eligible to apply for workers’ compensation benefits. The Pennsylvania heavy machinery accident lawyers at Calhoon & Kaminsky, P.C. understand the catastrophic nature of many industrial equipment accidents. Our legal team works aggressively so that injured employees secure maximum benefits while they heal. Call us today or contact us online for a free consultation with a Harrisburg heavy equipment accident lawyer.
Common Reasons for Heavy Machinery Accidents
Injuries from cranes, aerial lifts, forklifts, bulldozers, and other types of heavy equipment may occur due to:
- Failure to repair worn, broken, or corroded parts
- Defective machinery
- Poorly trained operators
- Operator intoxication
- Inattention
- Electrical hazards, such as wires and power lines
- Lack of supervision
- Improper foundational support
- Violations of workplace safety standards and protocols
- Unclear or missing signage in construction zones
- Inadequate fencing around work sites
Qualifying workers can apply for workers’ compensation benefits if a workplace injury occurs for reasons like these. Additional legal options could be possible if the negligence of a third party caused the accident. A knowledgeable heavy machinery accident lawyer can identify all potential avenues for compensation open to you.
Injuries From Heavy Equipment and Machinery Accidents
Heavy machinery accidents can result in life-altering injuries, such as:
- Broken bones – While some accidents can cause simple fractures to the hands or limbs, others can lead to more severe breaks requiring months or years of surgical procedures, treatments, and rehabilitation.
- Traumatic brain injury (TBI) – Workers who sustain a blow to the head in an accident may suffer from a mild concussion or an entirely disabling brain injury.
- Amputation – Some machinery is powerful enough to sever limbs in an instant. In other cases, equipment failures can entrap and crush limbs, making surgical amputation necessary later.
- Spinal cord injury (SCI) – Injuries to the spine can lead to partial or complete paralysis.
Who is Liable for a Heavy Equipment and Machinery Accident?
Liability for a heavy equipment failure and machinery accident depends on the circumstances surrounding the incident. If you were performing job duties when you were hurt and your injury occurred due to factors under your employer’s control — such as lack of supervision or inadequate signage — your employer may be technically responsible for your losses. However, Pennsylvania law does not usually allow workers to sue their employers for on-the-job accidents. Unless your employer willfully caused you harm, your only option for recovering compensation will be to file a workers’ compensation claim.
Sometimes, a third party — like an equipment manufacturer — may be responsible for a heavy machinery accident. In these cases, an employee might be able to receive both workers’ compensation benefits and file a third-party personal injury lawsuit against the manufacturer. Determining whether you have a valid third-party liability claim is valuable because workers’ compensation pays for medical treatment and provides partial wage replacement, but not for losses like pain and suffering. Those losses could be recouped in a successful third-party lawsuit if you can prove the other party’s negligence led to your injuries.
How Can a Heavy Equipment and Machinery Injury Attorney Help You?
An attorney can provide valuable support for your heavy equipment and machine injury claim by:
- Investigating the incident to determine its cause and whether anyone other than your employer could be responsible for your injuries
- Filing all workers’ compensation paperwork on your behalf
- Negotiating a fair settlement with your employer’s workers’ compensation insurer
- Filing a third-party claim with the responsible party’s insurer, if applicable
- Taking the at-fault party to court, if necessary
- Representing you in hearings and appeals before the Pennsylvania Bureau of Workers’ Compensation
A skilled attorney can take care of the entire process for you so that you can focus on your recovery.
How Much Compensation is Available for a Heavy Equipment or Machinery Injury?
The compensation you can receive for your heavy equipment injuries depends on the type of claim you file.
For a workers’ compensation claim, you will be eligible to recover compensation for:
- Medical expenses
- Rehabilitation costs
- A portion of your lost income due to the time you missed at work
If you are filing a third-party claim, you may be able to recover compensation for the following:
- Medical expenses
- Rehabilitation costs
- Lost income
- Reduced earning capacity
- Pain and suffering
No lawyer can guarantee a specific amount of compensation for you. However, an experienced Harrisburg machinery injury attorney will be able to place an appropriate estimate on the value of your case after reviewing the facts.
What to Do if You Suffered a Machinery Injury at Work
Take these steps if you suffer a work injury due to heavy equipment or machinery failure in Harrisburg:
- Report the injury – Notify your employer as soon as possible. Pennsylvania law generally requires injured employees to report workplace injuries within 21 days to receive full workers’ compensation benefits. You have up to 120 days to report the injury, but your benefits will be limited if you wait beyond 21 days.
- Seek medical attention – Obtain appropriate medical care for your injuries. Your employer may have a panel of approved healthcare providers for you to choose from, so follow their guidelines closely. Be sure to inform the doctor that your injury is work-related.
- Document the incident – Keep a detailed record of the incident, including the date, time, location, and how the injury occurred. If there were any witnesses, try to obtain their contact information.
- Speak to a heavy machinery accident attorney – Consult an experienced heavy equipment accident lawyer who can guide you through the claims process, protect your rights, and help ensure you receive the benefits you deserve.
Calhoon & Kaminsky, P.C. Represents Workers Injured in Heavy Equipment and Machinery Accidents
Sustaining a workplace injury from a heavy equipment accident or machinery failure can be a traumatic and life-altering experience. Fortunately, Pennsylvania law allows workers to pursue compensation after a job injury. The experienced attorneys at Calhoon & Kaminsky, P.C. have the skill, knowledge, and resources you need to fight for the compensation you deserve. Call us today or contact us online for a free consultation.
