Heavy equipment makes large-scale projects possible in San Bernardino. Cranes, bulldozers, forklifts, and other machinery are essential to the construction and agriculture industries, but they also present a significant risk to the workers who use them. The size and force of this heavy equipment can often lead to catastrophic injuries when accidents occur.
The damage caused by this machinery can have consequences extending far beyond the job site. The workers’ compensation laws in California help employees in this situation get back on their feet, but these can be difficult to navigate during such a trying time. When recovery can mean months away from work or unexpected medical bills, speaking with a San Bernardino heavy equipment accident lawyer can be an important step in understanding what protections and remedies apply.
Contact our dedicated workers’ compensation attorneys today for a free consultation.
Injuries Workers Face Around Heavy Machinery
Heavy equipment accidents rarely result in minor injuries. Because of the size, weight, and force of these machines, workers often face harm that is both sudden and severe. These can include, but are not limited to:
- Crushing injuries or amputations from being pinned by equipment
- Spinal cord injuries from when machinery falls or rolls over
- Traumatic brain injuries caused by collisions or falling objects
- Severe burns from fuel or electrical fires
- Broken bones or joint injuries from impact or vibration
These injuries highlight the dangers of working in environments with heavy machinery. Understanding the benefits and protections available under California law is an important part of receiving the necessary care for these work-related accidents. If you were harmed in one of these incidents, speaking with a San Bernardino construction equipment accident lawyer could help you pursue the benefits and compensation you may be entitled to under the law.
Workers’ Comp Under California Law
Under California’s labor laws, employers are required to provide medical treatment necessary to cure or relieve the effects of the injury (Labor Code § 4600). This can include hospital visits, surgery, prescription medication, and even long-term therapy.
Wage replacement is also available to employees unable to return to work. These can include temporary and permanent disability benefits, depending on the severity of impact (Labor Code §§ 4653, 4658).
If the injury deems the employee permanently unable to return to their job, they may also qualify for a Supplemental Job Displacement Benefit voucher. This voucher can be used towards the education and equipment necessary for a worker to obtain another job. If the incident results in the death of a worker, families may also be entitled to death benefits (Labor Code § 4701).
Exploring Third-Party Claims
In general, California’s workers’ compensation system is the only remedy for employees injured at work. However, the operation of heavy equipment often involves multiple parties, providing other possible legal avenues.
For example, the manufacturer of the heavy equipment may be held responsible if the incident can be attributed to defective machinery (Civil Code 1714). Contractors or subcontractors may face liability if their negligent actions created unsafe working conditions, leading to the injury. These claims can sometimes provide additional compensation for damages not covered by workers’ comp.
When work is performed on government property, a public entity may be involved. If a worker wishes to pursue remedies from that entity, a Government Claim must be filed within six months of the incident (Gov. Code 911.2). If an employee fails to meet this deadline, it can become impossible to pursue compensation beyond those provided by workers’ compensation.
Third-party claims like those mentioned above require careful review of documents such as contracts and accident reports. Speaking with a heavy equipment lawyer in San Bernardino can help clarify whether any of these remedies may be an option.
Next Steps After a Heavy Equipment Accident
A serious workplace injury resulting from heavy equipment can change every aspect of an employee’s life. Long-term challenges can include medical treatment, rehabilitation, and even extended time out of work. In San Bernardino, where construction and public projects rely on heavy machinery, understanding the protections afforded to employees is especially important.
Speak With a San Bernardino Heavy Equipment Accident Attorney Today
Both workers’ compensation and third-party remedies are available to workers injured by this machinery. Pursuing any of these claims requires close attention to deadlines and processes. Contact a San Bernardino heavy equipment accident lawyer today to better understand your rights and all possible avenues for recovery during a free consultation.
(909) 885-1620