Pittsburgh Heavy Machinery Injury Lawyer

Heavy equipment, for the most part, quietly performs its job while workers use it. However, when these same machines cause injury, the results can be disastrous. Construction, manufacturing, and other forms of industrial work make up a large part of our city’s economy. A Pittsburgh heavy machinery injury lawyer can help you in the legal process if you or a loved one has been hurt.

These cases are different from many typical injury claims. They can involve more than one defendant, questions under both workers’ comp and personal injury law, and complicated technical issues about why a machine stopped working properly. Many industrial accident claims will be brought in the Allegheny County Courthouse, where civil cases are heard under Pennsylvania law.

About SMT Legal

SMT Legal is a Pittsburgh-based law firm with deep ties to the city and surrounding areas. The attorneys are old friends who grew up in Pittsburgh together and still have strong family and personal connections to the community. Our attorneys handle high-value injury cases throughout western Pennsylvania.

We’re known for taking the time to properly prepare each case, combined with real trial experience. We maintain strong relationships with other Pittsburgh attorneys, which allows us to collaboratively evaluate each case from various perspectives.

What Qualifies as a Heavy Machinery Injury?

Heavy machinery injuries are caused by malfunctioning equipment used in construction sites, warehouses, manufacturing facilities, and industrial plants. These powerful machines can do amazing things, but when safety mechanisms fail or human error collides with powerful hydraulic forces, people can get hurt.

Some common types of heavy machinery include forklifts, bulldozers, excavators, conveyor belts, industrial-strength presses, and cranes. Cranes are a significant contributor to injuries. An analysis of 249 overhead crane events found 838 OSHA violations, leading to 133 injuries and 133 fatal accidents, according to Crane Training Universities.

Aerial lifts and scissor lifts are becoming increasingly common as well. Aerial lifts are essentially lifted platforms that can raise workers up to significant heights. Injuries can occur if the lift tips over or collapses, or if a worker falls from the lift. Unlike slips and falls or simple workplace injuries, heavy machinery accidents can involve being crushed by weight, struck by heavy equipment at great force, or caught in between.

Common Causes of Heavy Machinery Accidents

Similar to how there are many different types of heavy machinery, there are many different ways these accidents can occur. Many times, a heavy machinery accident is caused by a combination of factors. This can include defective equipment, poor training, and inadequate safety features. These are just a few of the common ways heavy machinery accidents are caused:

• Machinery Malfunction
• Operator Error
• Missing Safety Guards
• Failure to follow safety protocols
• Aerial lift accidents

Based on this, discerning the precise reason for an accident from only preliminary information is often quite a challenge. What could be blamed on operator error during the initial investigation could later be traced to a faulty control switch or poorly designed instructions.

Types of Heavy Machinery Accidents

Heavy machinery accidents come in various forms, from tip-over accidents to dangerous falls and collisions. Understanding how these incidents happen and the types of injuries they cause is an important step in evaluating your legal options after an accident. Some common types of heavy machinery accidents include:

• Crush and entrapment accidents
• Forklift Accidents
• Crane Accidents
• Aerial Lift and Scissor Lift Accidents
• Conveyor-related accidents
• Entanglement in machinery
• Falling object accidents

Common Injuries in Heavy Machinery Cases

When heavy machinery is involved in an accident, the results are often serious and involve life-changing injuries. When your body encounters industrial might, severe outcomes like traumatic brain injuries, spinal cord damage, amputations, crush injuries, complex fractures, and internal harm can occur. Falls from aerial lifts and

scissor lifts can also cause serious injuries due to their height and weight. Entrapment injuries can cause permanent disability.

These injuries can require extensive medical treatment, including surgery and rehabilitation. They can lead to lifelong care needs and limitations. These injuries can affect your ability to work, live on your own, and perform daily tasks.

Heavy Machinery Injury Laws in Pennsylvania

Heavy machinery injury accidents can involve many areas of law. Workers’ compensation applies in many situations where someone is hurt on the job. However, separate claims might also be possible if someone else, not your employer, had a part in causing your injury.

Pennsylvania’s workers’ comp laws will typically provide benefits even if you were partially or completely at fault for your injuries. Still, workers’ comp might not cover all your expenses, particularly if your injuries are severe or lead to long-term disability. When a piece of machinery was defective, when a contractor caused the accident, or when an equipment manufacturer contributed to your injuries, you may be able to file a separate heavy machinery injury claim.

Heavy machinery accident claims can involve many different areas of law. Some of the legal principles that may apply include negligence and product liability. A heavy machinery injury claim based on a defectively designed scissor lift could bring a claim against the manufacturer under product liability principles. A claim against a contractor who did not properly maintain equipment could invoke principles of negligence.

Statute of Limitations

Pennsylvania statutes also establish limitations on how long you have to file certain types of claims. A heavy machinery injury claim may need to be filed within Pennsylvania’s statute of limitations.

Hire a Heavy Machinery Lawyer

Deciding whether or not to hire a heavy machinery lawyer depends on a variety of factors. If you were hurt on the job by a malfunctioning piece of equipment, your employer may be responsible. If your employer subcontracted work to a third party, that party’s insurance company may be responsible. Fault may lie with the manufacturer if the equipment was defective. In other cases, multiple parties can be responsible.

When investigating these types of cases, there will usually be an equipment inspection, review of maintenance records, and potentially a third-party consultant who will inspect the equipment and determine whether there was human error involved or if it was mechanical or a design defect.

Insurance companies may sometimes contest claims by claiming that the injury was inevitable or that safety protocols were not followed. Moving ahead may require an understanding of how to handle these arguments and assess a claim’s entire scope. A Pittsburgh heavy machinery injury attorney can help you in the process.

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What to Do After a Heavy Machinery Accident

Heavy machinery accidents can be overwhelming and scary. The days and weeks after an accident are often filled with physical therapy appointments, insurance claims, and recovery. However, there are several immediate actions you should take to protect your well-being and your potential claim:

• Get medical treatment. Visit the hospital or your doctor as soon as possible. Some injuries, such as head trauma and internal bleeding, can take time to emerge.
• Report the incident. Tell your employer what happened and make sure an official report is filed. Take pictures of the machinery, work area, and any potential hazards if possible.
• Preserve evidence. This can include the machine itself as well as maintenance records and inspection reports. If you were using a defective product, be sure to preserve it as well. Do not repair any machines associated with your accident.
• Do not settle for a quick settlement. Insurance companies and third parties may try to get you to share your story early on. Be wary of making statements that could be used against you later.

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Contact SMT Legal Today

If you have been injured in a heavy machinery accident, SMT Legal can help you in the legal process to advocate for the compensation you need. Contact us today for a consultation.