Have you been seriously hurt in a heavy equipment accident in Houston, TX? As an injured worker, you may be entitled to compensation through workers’ compensation or a personal injury lawsuit. Attorney Brian White & Associates, PC represents injured workers in seeking maximum financial compensation.
Contact our law office today to schedule a free consultation with an experienced Houston heavy equipment accident lawyer to discuss your case.
How Our Houston Personal Injury Attorneys Can Help with Your Heavy Equipment Accident Claim
When you are injured on the job, you should be entitled to compensation to cover your medical expenses and lost wages. Unfortunately, recovering compensation can be easier said than done. Even if your employer has workers’ compensation insurance, you may face many roadblocks in recovering benefits.
Your employer and the insurance company may try to downplay your injuries or claim you are fully recovered when you are not.If your employer does not have workers’ compensation, recovering compensation requires filing a personal injury lawsuit against your employer and/or a negligent third party.
This means you must meet the burden of proof to show that your employer was negligent or otherwise liable for your accident – a daunting prospect when you are struggling to recover from your injuries.
A Houston personal injury lawyer can serve as your advocate to help you explore your legal options and fight for compensation. Attorney Brian White & Associates, PC represents injured workers in Houston with a sterling reputation as aggressive lawyers who achieve results.
Along with our track record, we have the financial resources to out-prepare our opponents and work with top experts. Our firm often receives clients referred from other lawyers thanks to our courtroom experience.
Attorney Brian White is a Board Certified Personal Injury Trial Lawyer, a qualification only 3% of lawyers in Texas can boast. When you hire Attorney Brian White & Associates, PC, you can depend on us to:
- Conduct an in-depth investigation of your accident
- Identify parties who may be liable and avenues for compensation
- Gather and analyze evidence to prove liability and the extent of your injuries
- Consult with top experts to build a strong case
- Handle all communications and negotiate on your behalf to reach a fair settlement
If negotiations fail, Attorney Brian White & Associates, PC is not afraid to take your case before a jury. You are not alone; a Houston heavy equipment injury lawyer at our firm is here to help you fight for your rights. Contact our law office to schedule a free consultation to discuss your case.
Texas Heavy Equipment Accident Statistics
Any work-related injury can be traumatic and life-changing, but heavy equipment accidents are particularly dangerous. Every year, hundreds of workers in Texas are left with permanent injuries, time off work, painful treatment and recovery, and financial uncertainty after an accident involving equipment.
While workers in transportation, construction, and manufacturing face many risks, heavy machinery is one of the greatest threats. Of the 4,779 worker fatalities in the U.S. in 2018, 21% were in construction alone.
The “fatal four” threats in construction which are responsible for over 58% of fatalities include caught between/in accidents, including workers who are caught in or compressed by equipment. Safety hazards involving equipment, including machinery guarding, are also one of the top 10 OSHA violations.
Between 1992 and 2010, the Center for Construction Research and Training found more than 7,600 deaths caused by heavy equipment crashes. That’s over 400 fatalities every year across the country. According to the National Institute for Occupational Safety and Health (NIOSH), up to 50% of construction-related injuries may be linked to heavy equipment and machinery.
What Causes Houston Heavy Equipment Accidents?
Heavy equipment accidents can occur in many industries including transportation, construction, and manufacturing. Accidents can involve all types of heavy equipment including:
- Paving machines
- Back end and articulated loaders
- Road graders or rollers
- Cherry pickers
- Pay haulers and pay loaders
- Dump trucks
There are many factors that can contribute to heavy equipment accidents and construction accidents. Injuries can happen when equipment malfunctions or the work environment is unsafe due to improper supervision or insufficient safety measures. Human error is often to blame, however.
Some of the most common factors that contribute to equipment accidents in Houston include:
- Incorrect equipment operation
- Misunderstood signals between operators and other workers
- Rollover accidents. These can happen when equipment is improperly loaded, lifted past the center of gravity, struck by other equipment, or operated on uneven ground.
- Struck-by accidents when someone is hit by equipment that is moving
- Dropped loads
- Objects that have fallen from equipment
- Equipment defects which may involve a product liability claim against the manufacturer
- Poor equipment maintenance
Any of these accidents may result in serious injury or even death to equipment operators, other workers, and visitors.
Common Injuries Involving Heavy Equipment in Houston
Construction workers face one of the most dangerous jobs in the United States. While there are many dangers at a construction site, heavy equipment poses one of the greatest threats. Even when used correctly, equipment poses an inherent risk to operators and nearby workers.
Attorney Brian White & Associates, PC represents injured workers who have sustained heavy equipment injuries such as:
These injuries can result from not only equipment like forklifts but also power tools and factory equipment like grinders, saws, and drill presses. Unfortunately, while some heavy equipment injuries are fairly minor and allow for a full recovery, many injuries are serious enough to have life-long consequences.
What Damages Are Available After a Heavy Equipment Accident?
After a heavy equipment accident, you have two potential avenues for recovering compensation for your injuries. If your employer has workers’ compensation insurance, you can file a claim through the no-fault workers’ compensation system. However, Texas does not require workers’ comp coverage.
When it is not available, you may still be able to recover through a personal injury lawsuit. The damages you may recover depends on whether you are filing a workers’ comp claim or personal injury lawsuit.
In general, personal injury lawsuits offer a broader range of damages you can recover. Workers’ compensation has more limited benefits, but it is a no-fault system that does not require proving liability.
You may be entitled to the following types of compensation through workers’ compensation:
- Medical expenses
- Temporary income
- Impairment income
- Supplemental income
- Lifetime income
- Burial and death benefits
You must file a claim for workers’ compensation if your employer has official workers’ compensation insurance. Otherwise, you may be able to file a lawsuit against your employer if they were negligent and this contributed to your accident. Third parties such as equipment manufacturers, other employees, and contractors.
Through a personal injury lawsuit, you may be entitled to damages such as:
- Medical expenses, including future anticipated medical costs associated with your injury
- Lost wages for time off work
- Reduced earning capacity if disabled by your injuries
- Pain and suffering
- Mental anguish
- Emotional distress
You may have a case against your employer or a third party. While a lawsuit is often the best course of action with the greatest potential for compensation, it does require proving liability, unlike workers’ comp.
Statute of Limitations for Filing a Heavy Equipment Injury Claim
After a heavy equipment accident, you will be subject to a statute of limitations which creates a legal deadline to file your claim. If you miss this deadline, you lose your legal right to seek compensation for your injuries.
The statute of limitations depends on the type of claim you are filing. If you are entitled to workers’ compensation, your employer must be notified of the incident immediately and an injury report must be completed within 30 days. If you are filing a personal injury lawsuit against your employer or a third party, you have two years.
Do not delay in pursuing your claim, even if it seems that you have plenty of time. The longer you wait, the easier it becomes for valuable evidence to be lost. Contact a Houston workplace injury lawyer with Attorney Brian White & Associates, PC to protect your claim.
Contact a Houston Heavy Equipment Accident Lawyer
Heavy equipment accidents often lead to very serious injuries. One moment, you’re performing your job, the next, you’re facing an uncertain future and a painful recovery. Attorney Brian White & Associates, PC believes that injured workers should receive fair compensation after a work-related injury, not a battle with an insurance company.
Contact our law firm today to schedule your free case review with a compassionate Houston heavy equipment accident lawyer. We will fight for you and serve as your advocate to seek maximum compensation for the harm you have suffered.