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Austin Personal Injury Blog

Sunday, December 23, 2018

Three Common Myths About Heavy Equipment Accidents

Working with heavy equipment poses certain risks for accidents and injuries. Whenever a heavy equipment accident occurs, it can result in traumatic injuries and death. The causes of these accidents vary, but some heavy equipment accidents may involve negligence or faulty equipment. When a heavy equipment accident involves negligence or defective products, the victim may have several options for recovering compensation for losses, injuries, and damages.

Before settling a claim related to an accident involving heavy equipment, it is wise to consult with a Texas heavy equipment accident attorney to ensure you are receiving all compensation available for your injury claim.

Three Heavy Equipment Accident Myths Debunked

Personal injury claims involving accidents on construction sites, manufacturing plants, and other sites where heavy equipment can be complex because they involve federal and state laws related to the industry and the use of heavy equipment. Therefore, many myths exist about claims involving heavy equipment accidents. Below are three of the most common myths related to heavy equipment injuries.

  • If you collect workers’ compensation benefits, you cannot sue your employer.

    Workers’ compensation is intended to ensure injured workers receive the medical care they need after a workplace accident. A claim for workers’ compensation may also include partial compensation for loss of income. An employee can file a workers’ comp claim even if the employee was partially at fault for the injury. In most cases, employees cannot sue their employer for injuries covered by workers’ compensation insurance.

    However, some situations might rise to a personal injury claim. Because claims against employers for injuries sustained in a heavy equipment accident are complicated, you should consult with a Texas personal injury attorney to determine if you have a claim against your employer in addition to the workers’ comp claim.

  • You cannot sue a third party for a work-related heavy equipment injury, even if the product was defective.

    Heavy equipment accidents may involve negligence or defective products. Some employees might have a third-party claim against a manufacturer or other party if a malfunctioning product caused the heavy equipment accident. Product liability laws allow an injured person to seek damages from the party or parties responsible for causing the injury.

  • Only employees are injured in heavy equipment accidents.

    Even though workers may be the most common group of individuals injured in heavy equipment accidents, visitors to sites and people passing by sites can also be injured by heavy equipment. The accident victim may have claims against one or more parties. However, before filing a personal injury claim, the victim must determine why the heavy equipment accident occurred. By discovering the cause of the accident, a Texas personal injury attorney identifies the party or parties responsible for the damages caused by the accident.

Ask a Texas Personal Injury Attorney About Compensation for a Heavy Equipment Accident

If you were injured in an accident involving heavy equipment, it is important that you learn about all your legal options for recovering compensation. Contact our Texas personal injury lawyers today for a free consultation. Our Texas personal injury attorneys can explain your options and the compensation you may be entitled to receive for your injuries.


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