Construction sites are places where heavy machinery and equipment are used every day. From cranes to bulldozers, workers rely on these machines to do their jobs safely and efficiently. However, when equipment malfunctions, the results can be serious, leading to severe injuries or even death. In Indiana, equipment malfunction in construction accidents can raise many questions about who is responsible and what kind of compensation an injured worker is entitled to receive. Understanding how liability and compensation work in these situations is important for both workers and their families. If you or a loved one has been injured in a construction accident caused by equipment malfunction in Indiana the team at Wyant Law is here to help you through this difficult time.
Common Types of Equipment Malfunctions on Construction Sites
There are many different types of equipment used on a construction site, and any one of them can malfunction. Some of the most common types of equipment failures include machinery like cranes, forklifts, and scaffolding. Cranes can experience mechanical problems, such as faulty cables or brakes. When a crane fails, it can cause loads to fall unexpectedly, putting workers at risk of serious harm.
Forklifts are also commonly used in construction to move heavy materials. If a forklift malfunctions due to poor maintenance or defects, it may tip over, leading to crushing injuries. Scaffolding is another piece of equipment that can malfunction. Scaffolds are used to elevate workers, and if they collapse, the workers can fall from great heights, resulting in broken bones or head injuries. These are just a few examples of how equipment malfunction can happen on construction sites in Indiana. Each malfunction can lead to different injuries, and understanding how they occur is key to determining liability.
Determining Liability in Construction Accidents Caused by Equipment Malfunction
After a construction accident caused by equipment malfunction, one of the first steps is determining who is responsible. There are several parties that could be held liable in these types of cases. One possibility is the equipment manufacturer. If the equipment had a defect when it left the manufacturer, and that defect caused the accident, the manufacturer could be held liable for the injuries. For example, if a crane had a faulty brake system that failed during use, the manufacturer could be responsible for the accident.
Another party that could be liable is the construction company or contractor. Construction companies have a duty to properly maintain and inspect the equipment used on their sites. If they fail to do this, and the lack of maintenance leads to a malfunction, the company could be held accountable. For instance, if a forklift has not been inspected in months and it malfunctions, the construction company might be at fault.
In some cases, the workers themselves may be partially responsible. For example, if a worker uses a piece of equipment improperly or without following safety guidelines, they could be found partially liable for the accident. However, even if a worker is partially at fault, they may still be entitled to compensation under Indiana law.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Compensation for Injuries in Equipment Malfunction Accidents
Workers who are injured due to equipment malfunctions may be entitled to compensation for their injuries. The first source of compensation is usually workers’ compensation benefits. Workers’ compensation is a system that provides benefits to workers who are injured on the job, regardless of who is at fault. This means that even if the worker made a mistake that contributed to the accident, they can still receive benefits.
Workers’ compensation benefits cover medical expenses, including hospital stays, surgeries, and rehabilitation costs. Injured workers can also receive compensation for lost wages if they are unable to return to work for a period of time. In Indiana, workers’ compensation also provides disability benefits if the worker is permanently injured and cannot return to their job.
In addition to workers’ compensation, injured workers may also be able to file a personal injury lawsuit against the party responsible for the malfunction. If the equipment manufacturer or another party was negligent, the injured worker can seek damages for pain and suffering, emotional distress, and loss of future earning capacity. Unlike workers’ compensation, which only covers economic losses, a personal injury lawsuit can provide compensation for the full extent of the worker’s injuries.
Steps to Take After an Equipment Malfunction Accident on a Construction Site
If a worker is injured in a construction accident due to equipment malfunction, there are several important steps they should take to protect their rights. The first step is to seek medical attention immediately. Even if the injuries seem minor at first, it is important to get checked by a doctor to ensure there are no hidden injuries, like internal bleeding or a concussion. Documenting the injuries is also important for any future claims.
The next step is to report the accident to the employer as soon as possible. In Indiana, workers have a limited amount of time to report an injury to be eligible for workers’ compensation. Failing to report the injury in a timely manner can result in losing the right to benefits. Workers should also try to collect as much information about the accident as possible, including taking photos of the equipment and the site where the accident occurred. Witness statements can also be valuable in determining what went wrong.
In many cases, the injured worker may want to consult with an attorney to discuss their legal options. An attorney can help determine whether the worker is eligible for additional compensation beyond workers’ compensation and can assist in filing a claim.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
How Indiana Laws Affect Equipment Malfunction Cases in Construction Accidents
Indiana has specific laws that impact equipment malfunction cases in construction accidents. One of the most important is the statute of limitations, which is the time limit a person has to file a lawsuit. In Indiana, the statute of limitations for personal injury cases, including those related to equipment malfunctions, is generally two years from the date of the accident. This means that if a worker wants to file a lawsuit against a negligent party, they must do so within two years, or they may lose the right to seek compensation.
Indiana also follows a comparative fault rule, which means that even if a worker is partially responsible for their own injury, they can still recover damages, but the amount will be reduced by their percentage of fault. For example, if a worker is found to be 20 percent at fault for the accident, their compensation will be reduced by 20 percent. Understanding how these laws apply to each individual case is important for injured workers seeking compensation.
The Importance of Safety Regulations and Proper Maintenance
Construction companies are required to follow strict safety regulations to protect their workers from accidents, including those caused by equipment malfunctions. The Occupational Safety and Health Administration (OSHA) sets guidelines for how equipment should be used, inspected, and maintained. Following these guidelines can help prevent malfunctions from occurring.
In addition to following safety regulations, regular maintenance of equipment is essential to prevent malfunctions. Construction companies should inspect machinery before use, make necessary repairs, and replace any parts that are worn or defective. Proper training for workers on how to operate equipment safely can also reduce the risk of accidents.
When construction companies fail to follow safety regulations or properly maintain their equipment, they put their workers at risk of serious injury. In cases where these failures lead to an equipment malfunction, the company may be held liable for the injuries that result.
Related Videos
How Long Does it Take to Settle a Personal Injury Case?
How should I choose a personal injury attorney for my claim?
Seeking Legal Help After an Equipment Malfunction in a Construction Accident
For workers who are injured due to equipment malfunction on a construction site, it can be overwhelming to navigate the legal process while recovering from an injury. Understanding who is liable for the accident and what compensation is available can be difficult without the help of an experienced attorney.
In these situations, it is important to consult with a law firm that has experience in handling construction accident cases. A knowledgeable attorney can help workers understand their rights, file a claim for workers’ compensation, and pursue additional compensation if another party is responsible for the accident. By working with an attorney, injured workers can focus on their recovery while their legal case is handled.
If you or a loved one has been injured in a construction accident caused by equipment malfunction in Indiana, it is important to understand your rights and seek the compensation you deserve. Our attorney has experience handling construction accident cases and can guide you through the process of filing a claim. We are dedicated to fighting for the compensation you need to recover from your injuries. Contact Wyant Law today to schedule a consultation and discuss your case.