Super Lawyers
Illinois State Bar Association
Justia Lawyer Rating
Million Dollar Advocates Forum
Avvo Rating
Rosenfeld Injury Lawyers BBB Business Review

Backhoe Accident Lawyer

The federal law entitles every worker to a safe workplace. Employers are responsible for providing a workplace free from safety hazards.

However, many construction workers still suffer from injuries each year due to dangerous incidents, including getting struck by a backhoe component. In more unfortunate instances, employees get killed due to a catastrophic incident on a construction site.

backhoe-used-on-construction-site-after-injury

Were you or a loved one hurt in a backhoe accident? Contact the personal injury attorneys at Rosenfeld Injury Lawyers, LLC. We are dedicated to representing people injured in construction site accidents to receive compensation for damages

Get a free consultation by completing the contact form or calling farm accident lawyers (888) 424-5757 for a free consultation about your backhoe injuries. Whether you were hurt or a family member was killed while working in a construction company, our attorneys advise the best legal action that fits a client’s specific situation.

What Are Backhoe Accidents?

A backhoe is an essential piece of equipment on construction sites. To remain safe, workers must always observe preventive measures to avoid getting hurt during a mishap or malfunction. Note that backhoes can malfunction and may overturn on steep slopes.

Common Causes of Backhoe Injuries and Fatalities

Is working with a backhoe an integral part of your job? Or does your job requires you to work close to a backhoe?

Many people suffered from injuries, and others were killed while performing their job as backhoe operators or working near this equipment. An article published on the National Institute for Occupational Safety and Health (OSHA) website reveals that about 346 people were killed due to backhoe-related mishaps between 1992 to 2000.

The high incidence of backhoe-related mishaps is also due to the design of these types of heavy equipment. However, neglect and inattentiveness have caused these mishaps other than the design-related issue.

A review of this data provided by the Bureau of Labor Statistics Census of Fatal Occupational Injuries shows that the accidents occurred due to the following:

  • An employee was struck in the head or chest by the moving equipment
  • An excavator bucket that unexpectedly detached from the equipment struck an employee
  • Equipment hitting a power line resulted in the electrocution of an employee
  • Workers were struck when the equipment slid into trenches
  • An employee was struck or hurt when the vehicle rolled over sharp turns, slopes, or uneven grounds
  • An employee’s body was pinned between the backhoe and another object
  • An employee was struck by an unsecured material that fell from the vehicle
  • Another vehicle drove in the wrong direction and hit the backhoe and causing the operator to fall
  • Poorly maintained equipment

Settlement or Trial Options for a Backhoe Accident Case

The majority of personal injury lawsuits are settled before trial. In some instances, an offer of settlement is made even before the plaintiff files a personal injury lawsuit.

Trials demand your time and money. It is also impossible to determine the case’s outcome with accuracy. Both the plaintiff and defendant will not know how the juries will decide on a particular case and how much money will be awarded to a particular case.

The plaintiff and defendant may agree on fair compensation to save time and resources to save time and resources.

Settlements are often the best means for the victim party to receive fair compensation, while the defense lawyer and insurance adjustor avoid the risk of a huge jury verdict. But, sometimes, a jury trial is the only means by which a catastrophically injured person can get reasonable compensation for his injuries.

Speak to one of our personal injury attorneys at Rosenfeld Injury LLC to better understand your legal rights. Contact us at (888) 424-5757 (toll-free phone call).

Backhoe Accidents FAQS

A backhoe is an integral part of any construction project. However, this construction equipment is also responsible for causing severe injuries and fatalities at excavation sites. In the following section, we’ve answered some of the frequently asked questions about backhoe accidents and injuries:

What Can Prevent a Worker From Getting Hurt When Operating a Backhoe Boom?

Visual inspection may not detect a defect with accuracy. Because of that, it is essential to perform a walkaround inspection and check that the backhoe boom is locked before going off the road. The machine should be regularly maintained to reduce the risk of mechanical malfunction.

In addition, the operator must ensure that the engine is put to a stop before performing maintenance. For example, it is good to turn off the equipment and lower the boom to a safe position.

The bucket must be lowered to the ground before starting with the maintenance begins.

What Are Some of the Safety Practices When Operating a Backhoe?

One of the most common causes of a person getting injured while operating a backhoe is when the machine hits an object causing the operator to fall. Any employee who operates a backhoe must wear a seat belt to prevent accidents.

In addition, a backhoe may roll over or slide in trenches. So, an operator must know the machine's capabilities, including the height and distance that the equipment can lift.

Before beginning with the excavation, the safety officer and operator must inspect the work area for possible safety hazards such as trees and power lines. Moreover, the safety officer or anyone assigned to watch over the area must ensure that all the backhoes are operated by a highly trained individual.

What Is the Role of a Safety Officer in a Construction Company?

Construction safety officers are responsible for ensuring employee health and safety. They are to keep a watchful eye over the workplace and ensure every employee at the construction site is following correct operating procedures.

The safety officer must also ensure that a safe work environment is maintained for the health and wellbeing of every employee.

What Are the Essential Things to Check Before Operating Heavy Equipment?

As part of safety procedures, an operator must visually inspect the equipment. The operator must check the oil, hydraulic fluid, and other machine functions throughout the day.

The inspections made throughout the day will prevent damage to the machine and prevent any accidental incident.

What Is the Leading Cause of Construction-Related Deaths?

On average, there are about 40 people killed from backhoe-related mishaps throughout the country each year.

An article published on the OSHA website shows that being struck by an object is the most common cause of a construction employee getting killed at work. In addition, about 75 percent of employees killed at a construction site were struck by heavy equipment and its components.

Can Families of a Deceased Employee Seek Compensation Benefits From the Employer?

The family of an employee killed as a result of accidents at the construction site can seek worker’s compensation from the employer. In addition, they can also file a third-party claim against other parties such as the contractors, property owners, and manufacturers in cases involving defective products.

However, it is crucial to seek the assistance of a personal injury lawyer who will build a strong wrongful death case on your behalf.

Get Help From a Law Firm for Your Serious Backhoe Injuries

Did you or a loved one suffer from an injury as a result of a backhoe or any kind of construction site accident? Speak with the injury attorneys at Rosenfeld Injury Lawyers LLC today to discuss how to get your case filed.

Our legal team has handled cases where the at-fault party did not agree to pay sufficient compensation. In these cases, we have renegotiated acceptable settlements or taken the case to trial to obtain the compensation the client deserved for their losses, damages, pain, and suffering.

Call our personal injury law firm at (888) 424-5757 (toll-free phone call) to schedule a free consultation. We work on a contingency basis, so you don’t have to pay upfront if we take on your case.

All confidential or sensitive information you provide to build your claim with our legal team remains private through an attorney-client relationship.

Resources:

Client Reviews
★★★★★
Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld. Michonne Proulx
★★★★★
Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own. Ethan Armstrong
★★★★★
This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you. Daniel Kaim
★★★★★
Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan! Giulia
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa