West Virginia Heavy Equipment Injury Lawyers
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
One reason for equipment accidents is malfunctioning equipment. There are a number of reasons why construction machinery and equipment might fail or malfunction at a job site:
Those who operate large and potentially dangerous machines are supposed to be properly trained and possess an in-depth understanding of the appropriate operating procedures, basic troubleshooting, and best safety practices. Unfortunately, this is not always the case. Staffing shortages, for example, frequently leave work crews scrambling to find someone that can operate a vital piece of machinery. And all too often, this means putting someone on there who is not adequately trained.
Failure to Perform Adequate Maintenance
Most construction equipment needs to be maintained regularly to ensure optimal performance and safety. When a construction crew is short-staffed, however, it is very tempting to forgo regular maintenance, especially if the machine seems to be running “just fine”. But sometimes the signs of equipment failure are not easily noticeable and can only be detected during preventative maintenance. This is why it is vitally important to never skip over this step.
Failure to Properly Monitor the Machinery/Equipment
Closely related to the previous point, many types of construction equipment should be monitored continually rather than just waiting for scheduled maintenance to look for problems. Continuous monitoring helps to detect subtle issues that should be addressed before they turn into major problems.
Unsafe Work Environment
Sometimes, injuries caused by construction machinery and equipment failures stem from a culture that encourages poor safety practices like the three that were mentioned previously. On a construction site, this may be characterized by a high-pressure environment where those in charge are constantly focused on meeting tight deadlines and making their production goals. There is never any time to properly address a potential problem with the equipment and machinery, so workers cut corners in hopes that everything will come out okay.
Dangerous or Defective Machinery/Equipment
There are times when the root of the equipment malfunction or failure is an inherent flaw in the design of the machine or a problem with the product’s manufacturing process. There might also be potential hazards that might occur during regular use of the equipment that the product maker may not have warned consumers/users about.
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
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.