Construction workers who receive injuries on the job are entitled to file a personal lawsuit for their injuries. While a minor injury may only require filing for workers’ compensation, you need to discuss your case with an attorney if you have suffered severe injuries.
Workers’ compensation will pay for your medical care and lost wages, regardless of the party at fault. However, if you have had significant medical costs and a hard time recovering from your injuries, you need to explore other legal options. That is when you need to contact a legal specialist – someone, such as a heavy equipment attorney, who can help you prove negligence and assist you in filing a claim.
When You Should Make a Legal Claim
You need to ask for this type of legal support in the following instances:
- You suffered a serious injury because of your employer’s negligence. In other words, you can show that the other party was aware that there was a danger in the area of your accident but did nothing to resolve the issue. It must also be shown that you were injured as a result of this disregard and did indeed suffer injuries that led to medical treatments.
- You suffered an injury that required medical attention but your employer did not or does not provide workers’ compensation insurance.
How Accidents May Happen
By filing a personal injury lawsuit through the civil courts, you might cover one of the following incidents:
- Your employer violated a safety rule or regulation that was meant to safeguard workers.
- Your injury resulted from the negligence of someone who does not work for your employer, such as property owner or subcontractor.
- Your injury resulted from a machinery defect.
- You were injured while operating heavy machinery even though you were following specific safety protocols
When you speak to a heavy equipment attorney, he or she will evaluate your accident case and figure out which parties are liable for compensation. Many of these court cases can be resolved through negotiations with the negligent party’s insurer before the case is tried in court.
Who May Be at Fault
Unlike no-fault workers’ compensation, the civil court system finds cases based on fault or negligence. In this case, the other party may include:
- Your employer
- Other contractors working on-site
- The property owner
- Another heavy equipment operator, if he was responsible for your wrecking on a job site
- The manufacturer of the heavy equipment, if the equipment was defective
Contact a Lawyer to File Your Claim Now
As you can see, this type of lawsuit and settlement can become complex. Therefore, the best way to receive the compensation you deserve and exert your legal rights is to contact a heavy equipment attorney – a personal injury lawyer who understands what needs to be done to help you receive an equitable settlement.