Huntsville Heavy Machinery Accident Attorney
In many occupations, working with heavy machinery is part of the job. Those big machines help accomplish work that would require a great deal of effort to achieve otherwise, or might not be possible at all. However, working with these big machines does come with risk. A defective design, alteration, or improper maintenance can be extremely dangerous for operators. If you’ve been injured in an accident with heavy machinery, the Huntsville heavy machinery accident lawyers at Conchin, Cloud & Cole, LLC have answers to some of the questions you may have.
How Do I File for Workers’ Compensation?
Most heavy machinery accidents occur at work. If you’ve been injured at work from heavy machinery, your workers’ compensation claim begins with notifying your employer of your injury and seeking medical attention. Your employer will then turn your claim over to the workers’ compensation insurance company.
It is important that you neither exaggerate, nor downplay your injuries from the accident. Maintain a strictly factual description of your injuries.
The insurance company has up to 30 days to make a decision regarding benefits on your claim. If they accept your claim, your medical expenses will be covered, and you will receive two-thirds of your average weekly pay beginning after your third day missed from work. If you miss more than 21 days of work, you will be compensated for the first three days you missed as well.
Should the insurance company deny your claim, as they sometimes do even for legitimate claims, you should speak to an attorney experienced in workers’ compensation claims.
What Compensation Can I Expect for My Injury?
The workers’ compensation system provides for your medical bills, lost wages due to missed time at work, and any rehabilitation needed to get back to work or find new employment. If you are partially or totally disabled because of your accident, it will pay an amount based on your injury which is subject to certain caps and limitations. To collect those benefits, it is not necessary to prove that the employer’s negligence caused the injury, only that the injury occurred in the normal course of your work.
One drawback of the system is that you cannot seek any damages for the pain and suffering that you endured as a result of your injury. However, if the accident was due to a fault in the design or manufacture of the heavy equipment involved in your accident, you may pursue a separate personal injury claim against the manufacturer of the equipment, and potentially against the business that sold the equipment as well. In that suit, you may pursue compensation for pain and suffering as well as other damages not covered by workers’ compensation.
Pursuing a claim against a third party, such as a machinery manufacturer, will almost always be require an experienced personal injury attorney to represent you in your claim. A personal injury attorney at Conchin, Cloud & Cole, LLC will provide you with a free consultation, and give you an assessment of the merits of your case and the compensation you may expect in your particular situation.