Many industries use heavy machinery, including construction, manufacturing, shipping, transportation, grounds care, and farming. Heavy equipment saves time and energy. However, working with heavy machinery can be extremely dangerous. Heavy machinery accidents cause worker fatalities and injuries.
At Willcox, Buyck & Williams, P.A., our South Carolina heavy machinery accident lawyers work with you to obtain benefits and compensation for a workplace accident involving heavy machinery. Our attorneys are highly qualified and skilled to handle all types of heavy machinery accident cases. Call us now for a free consultation with one of our attorneys.
Common Causes of Heavy Machinery Accidents in South Carolina
Many factors may contribute to the cause of a heavy machinery accident. Negligence is a common factor in these accidents. However, other factors could also be partially responsible for causing heavy equipment accidents.
Common reasons for heavy machinery accidents include:
- Dropped materials and loads
- Collisions with heavy machinery
- Backup accidents
- Being caught in between, inside, or underneath heavy equipment
- Rollover accidents
- Failure to adequately supervise and/or train workers
- Malfunction or defective equipment
- Uneven cargo loads
- Inadequate maintenance and repairs
- Failing to follow safety procedures and regulations
- Machinery entanglement
- Using machinery and equipment for purposes other than what it is designed to do
- Operator negligence, such as operating machinery while impaired, using equipment when fatigued or drowsy, and being distracted when operating heavy machinery
If you were injured in a heavy machinery accident, report the incident immediately to your supervisor or employer. See a doctor or medical provider as soon as possible for treatment. Call our South Carolina heavy machinery accident attorneys for legal advice regarding your options for receiving compensation for your injuries.
Our South Carolina Heavy Machinery Accident Lawyers Handle All Types of Claims
At Willcox, Buyck & Williams, P.A., we handle heavy machinery accident cases involving all types of heavy equipment. Examples of heavy equipment cases we handle include, but are not limited to:
- Compactors
- Forklifts
- Cherry pickers
- Backhoes
- Excavators
- Bulldozers
- Dump trucks
- Pile drivers
- Combines, harvesters, and other farming equipment
- Scrapers
- Drum rollers
- Trenchers
- Paving machines
- Front end loaders
- Back-end articulated loaders
- Cranes
- Road graders and rollers
- Pumps and mixers
It is important to remember that smaller machines are also included in the category of heavy equipment. Any type of heavy equipment can cause catastrophic injuries to workers.
What Types of Injuries Do Workers Sustain in Heavy Machine Accidents?
If you are injured in a heavy equipment accident, you may sustain one or more severe injuries. Many of the injuries caused by heavy machinery accidents are life-threatening and catastrophic. Examples of injuries caused by heavy machinery include:
- Fractured, crushed, and broken bones
- Traumatic brain injury
- Spinal cord injuries and paralysis
- Loss of limbs and amputations
- Crushing injuries
- Soft tissue injuries and nerve damage
- Internal organ damage
- Back and neck injuries
- Severe scarring and disfigurement
- Burns
- Eye injuries and blindness
- Wrongful death
Heavy machinery accident injuries can cause life-altering disabilities and impairments. You might be unable to return to work or care for your personal needs because of an injury. Therefore, it is crucial that you pursue all sources of compensation for a heavy machinery accident to give you the resources you need as you continue to deal with a heavy equipment accident.
What Compensation Can I Receive for a Heavy Equipment Accident in South Carolina?
The compensation for a heavy machinery accident depends on the type of claim being filed. Most workers are covered by South Carolina workers’ compensation. Generally, workers cannot sue their employers for damages if they are covered by workers’ comp. However, if a third party caused your heavy machinery accident, you may have a personal injury claim against that party.
Workers’ Compensation and Heavy Machinery Accidents
South Carolina workers’ compensation provides three types of benefits for work-related injuries. If you are injured in a heavy machinery accident at work, you may receive:
- Paid medical care for reasonable and necessary treatments
- Loss of income benefits
- Permanent disability
Workers’ compensation does not cover pain and suffering damages. Also, you do not receive 100% of your lost wages. Loss of income benefits are based on two-thirds of your average weekly wages before the accident.
A benefit of workers’ comp is that it is a no-fault system. You do not need to prove that your employer or another party was negligent in receiving benefits. Also, you can be partially to blame for the accident and still receive full workers’ comp benefits.
Third-Party Claims for Heavy Machinery Accidents
A third-party claim is a personal injury claim. You pursue a claim against the party who caused your injury. For example, you file a product liability lawsuit against a manufacturer because a defect in the machinery caused the accident that resulted in your injury. You may have a claim against a contractor if they hired an employee to operate heavy machinery who was not trained or qualified to operate the equipment.
Third-party claims provide significantly more compensation for a heavy machinery accident. You could receive economic and non-economic damages, including:
- Past and future medical bills
- Out-of-pocket expenses
- Lost wages and benefits
- Reduced future earning capacity
- Property damage
- Rehabilitative therapies
- Loss of enjoyment of life
- Mental anguish and emotional distress
- Scarring and disfigurement
- Pain and suffering
- Diminished quality of life
The value of damages in a third-party claim depends on many factors. Unlike workers’ compensation, if you are partially to blame for the heavy machinery accident, your compensation could be reduced by your percentage of fault or barred if it exceeds a specific percentage.
Our South Carolina heavy machinery accident lawyers evaluate your case to determine all potential claims. You can receive workers’ compensation and file a third-party claim.
Seek Legal Advice From Our Experienced South Carolina Heavy Machinery Accident Lawyer
Insurance companies and employers are not interested in paying you a fair amount for a heavy machinery accident claim. Your claim may be denied, you might receive a low impairment rating, or your damages may be undervalued. The best way to protect your rights is with the help of an attorney.
Contact our South Carolina heavy machinery accident lawyers at Willcox, Buyck & Williams, P.A. for help getting the compensation you need and deserve. Schedule a free consultation with one of our attorneys to discuss your case.
With law offices in Florence and Myrtle Beach, South Carolina, Willcox, Buyck & Williams, P.A. serves Myrtle Beach, Surfside Beach, Garden City, the Grand Strand, and other communities throughout Florence County, Marion County, Horry County, Darlington County, and Georgetown County.