Heavy machinery is frequently used on construction sites throughout Kentucky, from new buildings to roadwork to demolitions. It’s also used in the manufacturing and shipping industries to move large quantities of materials and products. While heavy machinery makes these jobs more efficient, it can also lead to catastrophic injuries to workers and others when things go wrong.
If you were injured in a heavy machinery accident, understanding your rights and the options available for seeking the compensation you need and deserve is vital. Contact Morgan, Collins, Yeast & Salyer now for a free consultation about your case with a skilled machine injury lawyer.
What Is Considered Heavy Machinery?
Heavy machinery or heavy equipment refers to large machines and vehicles used for heavy-duty tasks in various industries, including construction, shipping, manufacturing, mining, and agriculture. Heavy machines can be as small as a forklift and as large as a crane that towers over buildings.
Some other examples of heavy equipment include:
- Excavators
- Bulldozers
- Backhoes
- Dump trucks
- Trash compactors
- Asphalt pavers
- Scissor lifts
Common Heavy Machinery Injuries
Injuries caused by heavy equipment can often be fatal, and even when victims survive, they are frequently unable to return to work due to the extent of their permanent disabilities. Some of the most common and severe injuries suffered by workers who come in contact with heavy machinery include:
- Traumatic brain injuries – TBIs occur when the brain strikes the inside of the skull after a forceful impact to the head. While wearing a hard hat can lessen the severity of brain injuries, they can’t prevent them altogether. A severe TBI can leave a victim with permanent cognitive and physical disabilities.
- Spinal cord injuries – SCIs occur when damage to the spinal column affects the ability of the nerves in the spinal cord to send signals from the brain to other parts of the body. Depending on where along the spinal column the damage occurs, victims may suffer from paraplegia or quadriplegia.
- Crushed and amputated limbs – Due to the size and weight of heavy machinery, it can easily crush or amputate limbs, leaving victims with permanent disabilities. According to the Occupational Safety and Health Administration (OSHA), struck-by and caught-in/between incidents are among the most dangerous accidents on construction sites.
- Electrocutions – OSHA also includes electrocutions among the most dangerous construction accidents. These accidents can occur if heavy machinery runs into live wires or other poorly grounded electricity sources.
- Internal organ damage – Workers struck by heavy machinery can suffer from internal organ damage and bleeding that isn’t immediately apparent. These injuries may take hours or days for symptoms to appear, but it’s crucial that victims seek medical attention as soon as possible to prevent them from becoming life-threatening.
Safety Regulations for Heavy Machinery
OSHA has various safety regulations that employers and workers must follow to maintain a safe work environment when using heavy machinery. Some of the regulations that may apply to your heavy equipment injury case are:
- Heavy equipment or parts that are suspended must be held up in a way that prevents them from shifting or falling before workers are allowed to work under them.
- Movable parts, such as dump truck bodies and excavator buckets, must be in the lowered position when not in use.
- Parking brakes must be set when heavy machinery is parked. If the vehicle is parked on an incline, the wheels must also be blocked to prevent rolling.
- There must be a 10-foot clearance between machinery and power lines rated for 50 kV or below. An additional 0.4 inches of clearance is required for every kV over 50 kV.
- A designated observer must check for vehicle clearances and warn machinery operators when they are getting too close to overhead obstructions.
- Equipment must be grounded, and safety features must be used.
- Flammable and combustible materials must be removed from the area.
Employer Negligence in Heavy Equipment Accidents
Your employer’s negligence may have contributed to your injuries, depending on how the accident occurred. For example, if your employer didn’t make sure the workers using the heavy machinery had the proper training or were following the proper safety procedures, their negligence may be to blame for the accident.
For employees, even if your employer’s negligence contributed to your injuries, your primary course of action is to file a no-fault workers’ compensation claim. Employees covered by workers’ compensation are barred from filing personal injury lawsuits against their employers for workplace accidents under normal circumstances. However, if a third party on the job site, such as a contractor, contributed to your injuries, you could file a third-party personal injury lawsuit against them.
Workers’ compensation does not cover independent contractors. Instead, they can file personal injury lawsuits against employers and others whose negligence contributed to their injuries.
What Damages Can I Receive in a Heavy Machinery Lawsuit?
Our experienced construction accident lawyers can help you seek compensation for your losses through your third-party personal injury lawsuit or workers’ compensation claim. The compensation you can seek covers the following losses:
- Medical expenses – This compensation covers your past and ongoing medical treatments, surgeries, prescription medications, physical therapy, and other medical bills related to your injuries.
- Lost wages – This compensation covers the wages you lost while recovering from your injuries. Workers’ compensation typically pays up to two-thirds of your lost wages. Personal injury claims do not have a cap.
- Loss of earning capacity – If your injuries prevent you from working in the future or impact your ability to earn the same amount as your pre-injury wages, you can seek compensation for the income you will lose through both workers’ compensation and third-party injury claims.
- Permanent disability – If you suffer permanent disability because of the accident, you can seek compensation for it.
- Pain and suffering – While compensation for pain and suffering isn’t available through a workers’ comp claim, it can significantly impact your total compensation in a personal injury lawsuit.
Contact a Machinery Accident Attorney Today
Our attorneys handle injury claims from all angles, including by helping you file personal injury lawsuits, workers’ compensation claims, and Social Security disability claims. The attorneys you see on our TV commercials are the same lawyers who will work on your case.
If you were injured in a Kentucky heavy equipment accident, contact Morgan, Collins, Yeast & Salyer now for a free consultation with an experienced Lexington construction accident attorney.
