Construction trades are considered the most dangerous, in part because you constantly work around or operate heavy machinery. You are at risk of being hit by equipment or having a load dropped on you whenever you are on the jobsite. As a heavy equipment operator, you are at risk of rollover accidents and collisions.
The Gumprecht Law Firm is an experienced personal injury law firm that represents construction workers who have been seriously injured in heavy machinery accidents while on the job. Our team handles claims for catastrophic injuries, such as spinal cord damage, traumatic brain damage, amputations, fractures, puncture wounds, crush injuries and vision loss. We have a reputation for aggressively pursuing the best outcomes possible for our clients while also treating our clients with genuine compassion and respect. This compassionate-aggressive approach has earned us lifetime membership in the Million Dollar Advocates Forum and a listing as a Premier 100 by the American Academy of Trial Lawyers.
Do not delay in pursuing your rights to damages resulting from a construction site injury. The owner of the heavy machinery or those responsible for the accident may destroy crucial physical or electronic evidence unless they receive a court order forbidding it to do so.
Duty to Reduce Dangerous Equipment Conditions
The operation of heavy machinery creates dangerous conditions on construction sites. Contractors can reduce the risks by following Georgia workplace safety laws and Occupational Safety and Health Administration (OSHA) regulations concerning safe use of heavy machinery, including cranes, forklifts, backhoes, bull dozers, excavators, dump trucks and wheel loaders. Corporations are responsible for training operators, maintaining the equipment and implementing safety measures, including flagmen, protective clothing and clear safety policies. If they fail to do so, they may be held liable for any injuries that ensue.
Filing for Workers’ Compensation and Civil Damages
If you were injured on the job you typically cannot sue your employer for damages, but do have a right to workers’ compensation under your employer’s insurance policy. However, the bar to a lawsuit does not transfer to other negligent companies on your worksite. Your right to sue a third party is important because workers’ compensation only covers your medical bills and a percentage of your lost wages. You must file a civil claim to recover such damages as your remaining lost income, diminished earning capacity, scars and disfigurement, long-term disabilities, pain and suffering. Your civil lawsuit does not affect your recovery of workers’ compensation benefits.
A third party on the site might be a contractor, subcontractor, material supplier, equipment vendor or building professional with whom you do not have an employment relationship. For example, you may have a cause of action if you were working as a surveyor when you were hit by a crane boon or a forklift controlled by a separate contractor. Conversely, you may have a cause of action against an excavation company if your heavy equipment toppled into an inadequately shored trench.
Contact a Georgia Construction Accident Attorney to Learn About Your Rights
To learn whether you have a civil cause of action after a heavy machinery accident, call 678-800-1050. Your first consultation with The Gumprecht Law Firm is free. A Georgia construction accident attorney is available to talk to you 24/7 and, under our contingency fee policy, you do not pay lawyers’ fees unless you recover damages.