Who’s At Fault in Construction Accidents Involving Operating Equipment?
By Younker Hyde Macfarlane on April 20, 2014
Most construction workers understand that there are certain risks inherent to the job. In fact, employers of construction site workers are required to carry worker’s compensation insurance in case an accident does occur. However, this compensation is often not enough to cover the costs and emotional strain that is put on employees, or even civilian passerby, who happen to be involved in construction site accidents. One common cause of injury sustained by our Utah clients results from construction accidents involving operating equipment. In many of these cases, our personal injury attorneys can prove that a third party can be held liable for damages, offering our clients a means of compensation that extends beyond the rights included in worker’s compensation.
Causes of Construction Site Accidents
Although construction site accidents can involve slips, falls, muscle strain, or collapses, the most common causes of construction site accidents are those involving operating equipment. Construction site work often involves the use of heavy, high-powered machinery, equipment, and site vehicles. In any of the following situations, this machinery can cause accidents and/or injury:
- A malfunction of machinery, equipment, or construction vehicle
- Unsafe design of equipment or machinery
- Poor maintenance of machinery or operating equipment
- Misuse, error, or negligent actions involving construction machinery, equipment, or vehicles
In all of these situations, a traumatic injury or even wrongful death may occur as the result of these accidents. Because such heavy equipment is involved, common types of construction sites injuries include spinal cord injury, burns, and traumatic brain injury.
When a construction site accident involving operating equipment has occurred, it is important to examine the case to ensure that the client’s rights are protected. While worker’s compensation may apply, additional compensation may be sought in court if it is found that a third party may be liable for the accident. Although they are referred to as “accidents,” these events could oftentimes have been avoided. A product liability case can often be pursued against the equipment designers or manufacturers if the accident was a result of equipment malfunction or poor design. Our construction accident attorneys can determine liability in such accidents by working with experts in the fields of accident reconstruction, engineering, manufacturing, and design.
If our investigation finds that a third party may be liable for the construction site accident, we will fight to pursue legal compensation. Victims of construction site accidents involving operating equipment may be due compensation for financial burdens such as past and future medical expenses, lost wages, lost future wages, or an inhibited earning ability due to the accident. In addition, compensation for emotional damages, such as pain and suffering, may also be available.
At Younker Hyde Macfarlane, PLLC, we understand the legal rights of our patients and fight hard to ensure that those rights are upheld. If you have been involved in a construction site accident, we may be able to help you pursue compensation beyond that provided by worker’s compensation. Contact us at your earliest convenience so we can investigate your accident.
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