Construction zones are heavily regulated in an attempt to keep workers safe. But even with all of the laws and regulations that govern the industry, close proximity of construction workers to heavy equipment often leads to accidents resulting in serious injury or death. If you have been injured or a loved one was killed on a construction site, contact our firm to assess your situation. We are ready to fight for your future.
West Virginia Construction and Heavy Equipment Accident Injury Lawyer
When the unthinkable occurs such as a fatal excavator injury, workers and their families need aggressive, skilled, and knowledgeable attorneys who are experienced in handling construction accident cases. Bailey, Javins & Carter has an entire team of seasoned personal injury and wrongful death lawyers ready to make sure you are awarded a settlement that fully and fairly compensates you for your heavy equipment accident injury.
To schedule a no-risk consultation and case evaluation with a West Virginia lawyer who has extensive experience standing up for injured construction workers, contact Bailey, Javins & Carter. We will meet with you to thoroughly assess your case and advise you of your legal rights and options.
Each case is different, and each injured worker deserves a careful evaluation after a catastrophic accident involving heavy equipment, such as the following:
- Crane Accidents
- Backhoe Accidents
- Bulldozer Accidents
- Skid Steer Loader Accidents
- Front End Loader Accidents
- Cement Truck Accidents
- Aerial Lift Accidents
- Boom Accidents
- Scaffolding Accidents
- Dump Truck Accidents
- Cherry Picker Accidents
- Tractor and Trencher Accidents
- Forklift Accidents
Liability for Heavy Equipment Accidents and Injuries
When a construction worker gets injured because of heavy equipment or another cause, their first thought might be to file a workers’ compensation claim with their employer. And while they might be able to recover benefits from their employer’s workers’ comp policy, these benefits are limited to certain direct monetary losses such as medical bills and a percentage of lost earnings.
A serious and catastrophic heavy equipment injury results in losses far beyond what workers’ compensation will reimburse for. For example, dealing with a severe injury means seemingly endless days and nights of physical pain and suffering. And perhaps the worst part is not knowing how long the pain will last and when the situation will finally end. This uncertainty and anxiety can put a lot of emotional strain not only on the victim, but on other members of the household as well.
Consider also the effects of a severe injury on a person’s daily activities and social life. Not being able to go to work means not being with coworkers that you may have grown close to, and you might also be prevented from doing activities you enjoy, such as running, swimming, or playing sports.
Injured construction workers deserve to be compensated for all of the intangible losses we just mentioned that resulted from the injury. In most cases, they would not be able to bring a claim against their employer for such losses, but with a construction accident, it is very often the case that an outside party is at least partially responsible. When this is true, the victim can file a personal injury claim directly against a liable third party.
Damages that may be recoverable through a personal injury claim or wrongful death lawsuit (in the case of a fatal injury) may include:
- Medical Expenses
- Lost Wages
- Loss of Earning Capacity
- Emotional Distress
- Diminished Quality of Life
- Loss of Consortium
- Loss of Comfort, Care, Guidance, And Support
- Permanent Injury
- Funeral and Burial Costs
Here are some examples of outside parties that could be held liable for a heavy equipment accident on a construction site:
- Negligent equipment operators who are third-party subcontractors.
- Heavy equipment owners or lessors who failed to properly maintain the machinery and/or fail to properly train the equipment operators.
- The property owner who failed to make the premises safe for the machinery to be operated.
- The designer, manufacturer, or distributor of dangerous or defective equipment/machinery or its parts.
Experienced Attorneys for Serious Heavy Equipment Accidents
As you can see, there are a number of potential causes for a heavy equipment accident on a construction site, and there are several parties that could be responsible. An extensive investigation is needed to determine what caused the accident and what factors may have contributed to it. This is why it is extremely important to work with attorneys who have successfully handled numerous cases like these before, understand the complexities and nuances involved, and know what to look for in order to build a strong case.
Investigation after a catastrophic injury on a construction site often reveals improper maintenance of equipment or improper procedures such as disabled front brakes on a truck. A worker may be thrown out of a truck when hydraulic lines break or suffer burn injuries as a result of a fire in the cab. Falls from equipment such as cranes or man lifts are most often determined to be the result of human error.
Contact with power lines leading to electrocution or fatal accidents occurring as a result of crushes by heavy equipment demand immediate and thorough investigation, both for the sake of the family of the deceased and for the safety of other workers.
After a catastrophic injury or a wrongful death because of heavy equipment, no amount of money can replace what was lost for the injured worker or for the bereaved family. A personal injury claim or a wrongful death lawsuit is a legal remedy that can bring some financial relief to the injured or surviving family members through wage replacement, compensation for medical bills, compensation for adaptive equipment and therapy, and compensation for pain and suffering.
Contact Our Construction Accident Law Firm to Assess your Case
Contact Bailey, Javins & Carter if construction and heavy equipment have caused a serious or fatal accident. We understand the impact serious injuries and wrongful deaths have on an individual and a family. If you need our quality legal support through your ordeal, contact our firm for a free consultation today by messaging us online or calling our office today at (800) 497-0234 or (800) 296-6979.
We work on a contingency basis. We don’t get paid unless you do.