Workplace Accident Attorney Serving the Foley Area
People in construction jobs are typically used to working with and operating heavy equipment. Unfortunately, when something goes wrong with this type of equipment, the consequences can be devastating. Each year, thousands of Alabama construction workers are seriously injured or killed on the job. If you or someone close to you has sustained a heavy equipment injury, it is important to understand your legal options as soon as possible. Whit A. Thomas is a skilled Foley work injury lawyer who can help victims pursue compensation in these types of claims.
Causes of Heavy Equipment Injuries
Heavy equipment refers to a variety of machinery, including forklifts, cranes, bulldozers, tractors, 18-wheelers, and more. Heavy equipment accidents may be caused by operator error or inexperience, unsecured or improperly loaded cargo, or defectively designed or manufactured equipment. People who operate heavy equipment must be trained and licensed to do so. In addition, employers must follow certain regulations to reduce the risk of these accidents. As a result, if an employer hires an individual who is not licensed or violates any safety regulations, that employer may be liable for any resulting harm.
Pursuing Compensation in Heavy Equipment Accident Cases
Under Alabama law, workers’ compensation is generally available to people who are hurt on the job. In most situations, an injured worker cannot sue his or her employer. Instead, the worker will be entitled to certain benefits regardless of fault.
In some cases, however, a worker may be able to file a third-party claim against a party other than the employer, in addition to a workers’ compensation claim. This may be appropriate when a defective or unsafe product, negligence by another person or entity, or a failure to use certain safety measures caused your injury.
For example, you may be able to pursue a product liability claim against a manufacturer or retailer of a defective device that harmed you. Alternatively or additionally, you may be able to file a negligence claim against a subcontractor or property owner that failed to use reasonable care, thus causing the accident. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. If you were hurt by the carelessness of an individual employed by another company, you may be able to hold that entity vicariously liable for your injuries and damages.