Accidents Involving Construction Equipment: Legal Rights & Compensation

Many industries have workers that run heavy equipment such as paving and earth-moving machines, and other large equipment. These heavy equipment operators may work on a commercial construction site, build roadways, or dig underground.

Workers' exposure to the risk of heavy equipment accidents is influenced by the equipment or heavy machinery they use in their operational environment.

Were you injured in a construction accident involving heavy equipment? Did you suffer construction injuries or lose a loved one from a preventable fatality?

Rosenfeld Injury Lawyers, LLC for Heavy Equipment Accidents

The personal injury attorneys at Rosenfeld Injury Lawyers, LLC represent injured victims harmed in hazardous conditions. Contact our construction accident lawyers today at (888) 424-5757 (toll-free phone call) to schedule a free consultation to discuss your legal options.

Types of Heavy Equipment Used on Construction Sites and Other Industrial Environments

There are distinct types of heavy equipment that require a skilled operator to run them. In 2022 there were over 410,863 workers that ran heavy equipment in the US.

These workers were all employed, with only 4% being self-employed. The top industries that employed these operators were:

• Road and bridge construction
• State and local government projects
• Utility companies
• Specialty trades

These workers may be driving and maintaining equipment such as:

• Paving or asphalt equipment
• Cranes
• Backhoes
• Bulldozers
• Front-end loaders or front loaders
• Dump trucks
• Excavators
• Rollers/scrapers
• Pile-driving equipment

These machines are heavy and have many moving parts. Machinery safety features and proper use are crucial to prevent accidents for operators and other workers.

If you or a family member were injured while working as a heavy equipment operator during a construction accident, you are entitled to workers’ compensation benefits.

Contact the construction injury attorneys at Rosenfeld Injury Lawyers, LLC for more information and a free review of your legal rights and options.

Dangerous Workplace Conditions and Injured Construction Workers

According to Occupational Safety and Health Administration (OSHA), more than 5300 workers died in construction accidents in 2019. On average, construction fatalities from accidents accounted for more than 100 every week, or 15 preventable deaths each day.

Over 1,050 workplace fatalities occurred that year in the construction industry, accounting for 20% of all worker deaths nationwide. The most common causes of OSHA standard violations included:

• Failing to use fall protection on construction sites when working at any height
• Scaffolding problems, including falling and collapses
• Operating equipment on uneven ground or uneven surfaces
• Lockout/tag-out fatalities from failing to control hazardous energy
• Failing to use adequate respiratory protection to avoid inhaling toxic chemicals
• Falls from ladders, scaffolding, lifts, and other elevating equipment
• Accidental contact with a power line
• Failing to use machine guards and other safety features
• Failing to wear protective equipment - face and eye protection
• Failing to train workers adequately

Statistically, fatal injuries in equipment accidents dropped by more than 40% in the last five decades from 38 deaths each day in 1970 to 15 deaths daily in 2019.

Heavy Equipment Injuries

When operating heavy equipment, the operator must maintain a safe workplace. Equipment accidents can be deadly to machinery operators and those working on the same site.

Some common causes of heavy equipment accidents are -

• A tip or rollover construction injury accident -  A 2016 Journal of Safety Research study states over half of the heavy equipment operator deaths are from rollover construction accidents.
• Collision or backup - A significant source of common injuries involving heavy equipment involves backing up or hitting workers on the ground, with workers falling from the platform attached to machinery.
• Repetitive motion injuries - Heavy equipment operators often work controls for several hours a day, so repetitive motion injuries are common to muscles and tendons.
• Hearing loss - The excessive noise associated with heavy equipment can cause hearing damage.

Highway and street construction is one of the leading employers of heavy equipment operators. According to the Bureau of Labor Statistics, there are an average of 100 fatalities yearly and over 20,000 construction accident injuries. Of all these injuries, 30% involve heavy equipment operators.

Filing a Workers’ Compensation Claim

Nearly every construction worker is eligible to receive workers’ compensation benefits when involved in a heavy equipment accident in the workplace.

In Illinois, the worker’s compensation “no-fault” system is a monetary benefit program paying benefits to employees injured on the job until they heal sufficiently to return to work.

When accidents occur, an injured employee harmed on the job does not have to prove that someone else’s negligence led to their work injuries.

The employee only has to prove that they suffered a construction injury and that it happened during the scope or course of their employment. For validation purposes, the worker must document that their injuries from the construction accident are real.

To receive workers’ compensation payments, the injured employee must agree not to sue their employer unless the employee can show that the employer’s negligence was egregious or intentional.

Filing a Third-Party Claim

In addition to receiving worker’s compensation benefits, the injured employee might be entitled to file a civil lawsuit or claim against a third-party person or entity.

Third-parties such as subcontractors, vendors, architects, suppliers, engineers, on-site visitors, equipment manufacturers, heavy equipment rental companies, or others can be held liable.

The most common construction accidents involving a third party include the following -

• Falling from heights as with scaffolding incorrectly erected or the platform attached to machinery.
• Being struck by a heavy equipment operator or equipment loads, especially with dump trucks.
• Heavy equipment driver making contact with live power lines.
• Defectively designed safety equipment, including fall protection and harnesses.
• Electrical malfunction of equipment.
• Poorly maintained equipment.
• Hazardous chemicals/toxins spillage like asbestos.
• Suffocation with a barrier trench collapse.
• Failure to give the worker proper training in safety procedures.
• Failure to train workers in machinery operation.
• Failure to provide rollover protection systems and protective equipment.
• Failure to provide machine guards and other safety features.

Sometimes, the victim is injured due to equipment malfunction due to substandard manufacturing or faulty design of the entire machine. The manufacturer, designer, or supplier can be held liable in a product liability lawsuit.

Product Liability Claim in Heavy Equipment Accidents

A product liability lawsuit is a civil action in court. These construction accident cases are built on establishing the following elements, including -

• The piece of equipment or tool that injured the employee was unreasonably dangerous or with insufficient safety features
• The designer, manufacturer, or supplier allowed the sale of the dangerous piece of equipment
• The victim was using the equipment or tools in the manner of the design
• The dangerous defect caused the equipment or tool to injure the victim

Severe construction accident workplace injuries include head trauma, spinal cord injuries, severed limbs (amputation), deep cuts, lacerations, internal organ damage, and crush injuries.

Construction Worker Injuries FAQs

Our Chicago construction accident attorneys know that many families have unanswered questions concerning filing and resolving an injury case or a worker’s compensation claim. Our law firm has answered some of those questions below.

Contact a personal injury lawyer at (888) 424-5757 (toll-free phone call) today to schedule a free consultation to discuss your case. A construction accident lawyer is ready to help.

Contact Chicago Construction Accident Lawyers, Experienced in Prosecuting Heavy Equipment Injury Cases

There is a significant risk of injury for those who operate and work close to heavy equipment on a construction project. Workers can suddenly be struck by heavy machinery, causing serious injuries.

If you or a loved one has been injured or killed in a heavy machinery accident, you need a law firm experienced in construction accidents to advise you on your legal rights.

The Chicago construction accident attorneys at Rosenfeld Injury Lawyers, LLC are ready to work with you to get the best financial compensation your case deserves.

Contingency Fee Agreement

Our heavy equipment accident law firm accepts all personal injury cases and wrongful death lawsuits through contingency fee agreements, meaning you will pay no upfront fees until we have secured financial compensation for your family.

Call a construction accident lawyer at (888) 424-5757 or use the contact form to schedule your free consultation. We can help ensure the value of your personal injury claim is maximized under Illinois law to provide for your medical bills, lost wages, and pain and suffering.

Our Chicago lawyers represent clients across the United States and Illinois who have experienced construction site accidents.

Resources:

• About Construction Equipment Operators Safety | BLS
• Heavy Machinery-Related Fatalities | NCBI