The U.S. Bureau of Labor Statistics reported 199 fatal workplace accidents from contact with machinery in 2022. Many more workers were injured. Heavy machinery accidents at work may cause brain trauma, nervous system damage, musculoskeletal injuries, and severed limbs.
Injured employees may miss work, resulting in economic loss and decreased productivity.
Bobby Jones Law explains catastrophic injuries from heavy machinery accidents.
What is heavy machinery?
Heavy machinery is equipment designed to perform construction tasks and move objects on a large scale. It includes vehicles and other machinery intended to move earth or heavy objects on a large scale.
Why is heavy machinery so dangerous?
Because of the weight and power of a heavy machine and the materials that are often involved, heavy equipment can be dangerous. A heavy machinery accident may be catastrophic.
Types of Heavy Machinery Involved in Workplace Accidents
- Earthmovers
- Paving machines
- Bulldozers
- Dump trucks
- Mixers
- Graders
- Trenches
- Cherry pickers
- Woodchippers, shredders
- General power motors
- Tractors and attachments
- Excavators
- Compactors
- Backhoes
- Forklifts
- Belt loaders
- Cranes
- Hydraulic press
- Pipe and tube benders
There are many types of heavy machinery that may be used in the workplace. Many industries use heavy machinery, including construction, manufacturing, transportation, mining, and logging.
The Most Common Catastrophic Injuries in Machinery Accidents
- Crushing or being pulled under heavy machinery, including tip and rollover accidents
- Being struck by machinery, blunt trauma, including brain injury
- Pinned between a machine and an object
- Cuts, injury by sharp object
- Fall from a bucket or other elevated surface
- Electrocution burns
- Asphyxiation, getting buried
- Amputation, including from being caught in machinery
- Injury to the eyes
- Spinal cord damage, paralysis
- Chemical toxicity
Heavy machinery accidents can result in fatality, broken bones, organ damage, asphyxiation, burns, and other serious injuries.
Steps Employers Should Take To Prevent Machinery-Related Injuries
The steps employers should take to prevent machinery-related injuries fall into a few categories:
- Maintenance and storage of equipment
- Safe operation
- Employee training and monitoring
Examples of safety protocol include the following:
- Use appropriate equipment for the task. Use machinery for its intended purpose, evaluating the environment and whether the machine is appropriate.
- Inspect and maintain equipment according to manufacturer instructions.
- Do not allow additional riders if the machine is not made for it.
- Require workers to wear protective equipment and appropriate clothing.
- Use choking and blocking procedures to prevent unwanted equipment movement. Set parking brakes.
- Observe minimum clearances.
- Consider an overhead wire energized unless the responsible party indicates it is not and it has been visibly grounded.
- Provide appropriate training.
- Require seat belt use.
- Test safety and emergency shut-off protections to make sure they work.
- Perform regular maintenance, using lockout/tagout procedures.
- Keep machine glass clean, and free from scratches and cracks. Glass should not distort safe operation.
- Ensure that workers know emergency response procedures.
- Control traffic and ensure workers can communicate.
- Put lights and protectors on equipment that is left near a highway unattended at night.
The exact rules an employer must follow depend on the type of machinery. Safe heavy machinery use requires good judgment from both the employer and the worker.
How Workers’ Compensation Covers Machinery Accident Injuries
Workers’ compensation covers most machinery accident injuries. The rules for who must have workers’ compensation insurance vary by state. Generally, any business with four or more employees falls under the workers’ compensation system in South Carolina. As the injured worker, you must prove that you were acting in your employment when the injury occurred.
There are a few disqualifiers, such as intoxication on the job, horseplay, and intentional injury.
To receive benefits, the injured worker must follow the steps to claim them. They must report the accident within 90 days. In cases involving catastrophic injury from heavy machinery, the incident will almost always be known to the employer at the time. A worker has two years to file a claim for benefits.
General contractor, subcontractor
Usually, an employer using heavy machinery is going to have at least four employees. A general contractor or a subcontractor may maintain the insurance for employed workers. In South Carolina, if you work for the subcontractor, you are considered an employee of the general contractor for the purposes of workers’ compensation insurance. However, the contractor may require the subcontractor to have insurance.
Independent contractor
Although independent contractors are not covered, it’s unlikely that a construction worker would truly be classified as an independent contractor because of the amount of control exercised over the worker in most construction projects and because equipment is provided.
Getting your workers’ compensation benefits
As an employee facing catastrophic injury from an incident involving heavy machinery, it’s important to ensure that you’re receiving the workers’ compensation benefits you deserve. You may receive paid medical care, which can be significant for someone facing a catastrophic injury. You deserve appropriate compensation if you can’t work and for permanent disability.
Filing a Personal Injury Lawsuit After a Catastrophic Work Accident
In addition to receiving workers’ compensation, you may qualify to file a personal injury lawsuit after a catastrophic work accident. Heavy machinery use often involves large-scale projects, and there may be multiple legal entities and groups involved. You may work with or have contact with people who are not your employer. If you are injured because of the negligence of an entity other than your employer, you may bring a personal injury lawsuit.
For a catastrophic heavy machinery accident, you may have a claim for workers’ compensation, a personal injury lawsuit, or both types of claims. It’s important to evaluate what you can do and what’s best to do based on a variety of factors. When you contact our law firm, lawyer Robert “Bobby” Jones can help you evaluate your options and what your case may be worth.
Contact an Experienced Greenville Workers’ Compensation Lawyer
Have you or a loved one been injured in a catastrophic heavy machinery accident? Get emergency medical help, then call Bobby Jones Law. An experienced Greenville workers’ compensation lawyer can review your case, take immediate steps to protect your rights, and give you legal advice. Call or message us today.
