Reports from the scene indicated that the construction worker was driving the machine when a hydraulic hose may have broken, causing the machine to jerk forward. The man tried to pull the machine off the road, but it tipped, throwing the man onto his stomach before it rolled over him. The worker was trapped under the machine until rescuers could free him.
Compensation for Machinery Accidents
Machinery that is old or improperly maintained may be more likely to malfunction. The risk of injury also rises when operators are not trained properly or safety measures are overlooked.
Although the number a fatalities in the construction industry has declined in recent years, so have total work hours. The construction industry is still second only to the transportation industry in fatal workplace accidents each year.
A worker who is injured in a machinery accident may have a third-party claim against the manufacturer of the machinery or another party involved in its distribution or maintenance. This type of a lawsuit requires an injured worker to prove negligence in order to receive compensation.
On the other hand, an injured worker may be entitled to workers’ compensation benefits without the need to prove fault on anyone’s part. Moreover, a worker may have to wait months, even years, for a third-party lawsuit to result in compensation whereas a workers’ compensation claim can result in compensation within weeks. Pursuing your right to workers’ compensation benefits does not necessarily prevent you from pursuing a third-party negligence lawsuit.
If you have been injured in a machinery accident in Pennsylvania, consult an experienced Pennsylvania workplace injury attorney about your legal options. Although the workers’ compensation system is intended to protect injured workers and their families, it can be difficult to navigate. If you have questions or concerns about your legal rights to compensation, contact Shor & Levin, the Bulldog Lawyers, by calling 855-631-4775 or by using our online contact form.