The construction industry is flourishing in Atlanta, just look at the many commercial buildings going up right now in our downtown. And a U.S. Census report lists Georgia as one of the five leading states in new home construction in 2014. But with the more and more projects, companies may take short cuts. The risk of a heavy machinery accident rises.
The Department of Labor classifies these types of equipment as heavy machinery: Dozers, loaders, graders, excavators, scrapers, backhoes, cranes and draglines, forklifts, compactors, rollers, cable plows, American augers, mixers, and heavy haul trucks. By their very nature, these are very dangerous instruments and injuries resulting from contact can be devastating and life altering.
What should I do if a loved one or I have been injured in a heavy machinery accident?
If you or a loved one has been injured in a heavy machinery accident, we suggest you take these three steps:
- Let your supervisor know you have been injured at work. For any Workers Compensation case, you have 30 days from an accident to contact your supervisor. This notification can be casual and not in a written form.
- Get medical help, if necessary, immediately.
- Contact a Heavy Machinery Accident Attorney who can help with your case, and at the least, tell you what your options are.
At John Foy & Associates, you’ll find honest, ethical and seasoned attorneys who only practice personal injury law. Our only concern for more than 20 years has been helping people who have been injured by the negligence of another person or a business. You can get a free consultation at 404-400-4000.
What should I know about Heavy Machinery Accidents?
A Heavy Machinery Accident can occur on a traditional construction site, at a warehouse or in a roadwork zone. These types of accidents can be very significant and disabling.
The legal aspects of these accidents can be quite complicated, as well. Construction zones, especially large ones, employ several contractors and subcontractors of differing trades and skillset levels. They can involve a simple Workers Compensation case or be a more compelling third-party personal injury suit. Our firm handles both types of cases; an attorney can guide you through all the legal aspects.
“You may really enjoy your job, it’s a great company,” says firm founder John Foy. “You may like your co-workers.” This makes it all the more necessary to hire a professional, ethical legal team like John Foy & Associates.
My accident happened at work, does this matter?
Yes, it does mater if your accident happened at work. This makes you eligible for a Workers Compensation case that will cover your medical bills and support you while you are out of work with a disability check. There is also a possible third-party insurance claim if the at-fault party worked for another company. Our office can help with both kinds of claims. You don’t have to be a detective for us to help. Our own investigators can go back to the site and get the facts on your case.
In most personal injury cases, such as an auto accident, it’s often clear who the responsible party is. But Heavy Machinery Accident cases can be quite complicated. And, you may have mixed feelings about pressing a suit. You may really enjoy your job and genuinely respect your employer. Our experienced attorneys understand all the facets of your case.
What am I entitled to in a heavy machinery accident?
In any Workers Compensation case you are eligible to have all your medical costs covered by the employer. In addition, the state provides a disability income to help pay the bills while you recover.
If another company is negligent or responsible for your injury, you are eligible for compensation for reasonable and necessary medical expenses, lost income or wages due to the accident and pain and suffering.
Can I file a Workers Compensation case on my own?
Workers Compensation cases can be quite complicated. Your employer’s insurance company has a staff of attorneys who represent their interests. Why wouldn’t you want the same? Our Heavy Machinery Accident attorneys can review your options and figure out the best way to proceed for you.
My boss says I’m responsible for the accident. Does this matter?
It does not matter at all. Workers’ Compensation is a no-fault system of liability. In other words, it does not matter whose fault the accident is. If there is an injury from an on the job accident, it falls under the Workers’ Compensation laws.
I don’t want to anger my boss because I really need this job. What should I do?
Many times reporting a case properly and following the procedures will enable you to keep your job. The objective of Workers’ Compensation is to medically treat the injured worker to enable them to return to work. Working while injured, or better yet, attempting to work while injured usually results in two significant consequences. First, your injuries could become so aggravated that you might be out of work for a more significant period of time; and secondly, it could lead to poor quality of work due to your physical limitations and therefore termination of your job based upon poor performance.
I’m afraid if I file a case I won’t be able to get another construction job in Atlanta.
Workers’ Compensation is a right and you are entitled to its protections if you are hurt on the job. If you are unable to work because of an injury, or you fail to get medical treatment and your injury either heals improperly or keeps you in constant pain, you may not be able to get another job in the construction industry. If you allow us to assist you with your rights, we can work with you to help you recover from your on the job industry so you will be eligible to get another construction job in Atlanta.
My spouse was seriously injured in a heavy machinery accident at work. Can I file the lawsuit for them?
The injured party would bring the Heavy Machinery Accident lawsuit, even if the injured party were unable to represent himself. An attorney can act as the administrator and you, as the spouse, would be the point person for information on the case.
In very serious injuries, you are allowed under Georgia law to pursue a loss of consortium case. This means that you are deprived of the normal spousal relationship because of the injury. “Your spouse cannot help care for the children, provide you with companionship, all the things family members do for each other,” says our firm founder John Foy. A loss of consortium claim is a valid cause of action under Georgia law.
How can a Heavy Machinery Accident Lawyer help me?
John Foy & Associates is a long-established Atlanta firm with more than 20 attorneys who only practice personal injury law. We’re the experts.
You may be hesitant to pursue a workplace case, and we understand that. At least let advise you of your rights. “If we don’t have all the answers, we’re equipped to go out there and get answers for you,’’ says firm founder John Foy. If you call us at 404-400-4000, we’ll give you a free and confidential consultation.