Construction site workers handle heavy equipment and work in dangerous locations due to the nature of their occupation. The Occupational Safety and Health Administration (OSHA) has several safety regulations to protect these workers.
Despite these stringent regulations, the Bureau of Labour Statistics (BLS) reports roughly 150,000 accidents every year on construction sites despite these regulations. A significant number in this statistic was caused by being run over with heavy equipment such as dump trucks, forklifts, and backhoes.
These accidents can occur due to the following:
- Negligence in the operation of the vehicles and equipment
- Negligence in maintaining these vehicles and equipment
- Inadequate supervision in the site
If you or your loved one has suffered injuries from being run over by equipment due to these reasons, you can hold the people in the chain of command accountable.
There are cases such as in complex regional pain syndrome (CRPS) lawsuits where the company is held accountable for the CRPS triggered by the injury from the accident.
This condition brings severe limb pain that can worsen over time and affect one’s health and quality of life. The company is made to pay compensation for the health and livelihood affected by the accident.
Who Should Be Held Accountable?
An investigation needs to be done to establish the liability in a construction site accident. Accidents due to equipment can happen due to variables such as:
- Negligent behavior of the operator
- Poorly maintained equipment
- Faulty equipment due to cost-cutting decisions by the management
- Defective or substandard parts from the manufacturer of the equipment
These variables can determine where the fault lies and who will be held accountable for the accident.
Getting Compensated
If you or your loved one has suffered injuries from getting run over by equipment, you can get compensation through the following ways:
- The Employer’s Workers’ Compensation Insurance: This is the option when no one was found to be at fault for the accident. The employer’s worker’s compensation insurance can pay for the medical bills and lost wages resulting from the accident. You could file this claim if the accident happened while you were on the job.
- A Liability Lawsuit against the Negligent Party That Caused the Accident: You can file for this if investigations show that the accident was caused by a negligent party such as the operator or the company for not maintaining the equipment.
You will need a personal injury lawyer who specializes in construction site accidents. An example of this is reflex sympathetic dystrophy (RSD) injury settlements, where the negligent party pays for compensation for RSD triggered by the accident.
- A Third-Party Liability Claim: This can be filed if the fault lies on the manufacturer for the faulty equipment. They are considered a third party as they do not work for your employer.
Conclusion
As construction site workers work with dangerous equipment and locations, they must have adequate protection against accidents and injuries. In case of an accident, you or your loved one who has suffered injuries can file for compensation to pay for bills and damages caused by the injuries.
Are you looking for a reliable accident lawyer in New York who can help you get the compensation you need? Ronemus & Vilensky have you covered. We are leading experts in accident and malpractice claims. Contact us for a free consultation today!