If you or a loved one was hurt in a heavy machinery accident, you may be entitled to compensation. An experienced Charleston, WV heavy machinery accident lawyer can help you understand your rights and pursue the compensation you deserve.
Why Choose Tiano O’Dell PLLC?
Our firm has a strong track record of success in representing workers injured by heavy equipment. We bring:
- In-depth knowledge of OSHA regulations and industry standards.
- Extensive experience dealing with insurance companies and corporate legal teams.
- A commitment to securing maximum compensation for your current and future needs.
- No upfront legal fees—we only get paid if you win
Common Causes of Heavy Machinery Accidents
Heavy machinery accidents typically occur due to negligence, unsafe work environments, or equipment malfunctions. Common causes include:
- Operator inexperience or lack of training
- Mechanical failure due to poor maintenance
- Lack of safety guards or warning systems
- Overloaded or improperly secured equipment
- Inadequate supervision or job site safety protocols
- Defective machinery or components
These accidents often occur on construction sites and involve equipment such as cranes, forklifts, bulldozers, excavators, backhoes, compactors, and logging machines. When these powerful machines are misused or malfunction, the results can be catastrophic.
Common Severe Injuries from Heavy Machinery Accidents
Heavy machinery accidents often result in severe injuries such as:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Crushed limbs and amputations
- Broken bones
- Internal organ damage
- Burns and electrocution injuries
These injuries may prevent you from returning to work or enjoying daily life.
Your Legal Options After a Heavy Machinery Accident
Depending on the circumstances, several legal options may be available to you:
- Workers’ Compensation: Most injured workers are entitled to workers’ compensation benefits, which cover medical bills and a portion of lost wages. However, these benefits are limited and do not cover pain and suffering.
- Third-Party Liability Claims: If a contractor, subcontractor, or equipment manufacturer contributed to your injury, you may have the right to file a personal injury lawsuit against those parties in addition to your workers’ compensation claim.
- Product Liability: If the accident was caused by a defective machine or safety feature, a claim may be filed against the manufacturer or distributor for design, manufacturing, or warning defects.
An experienced Charleston, WV heavy machinery accident lawyer will investigate your case, identify all responsible parties, and pursue every available avenue to maximize your compensation.
West Virginia’s Statute of Limitations
Time limits, known as the statute of limitations, apply to all injury claims, including those involving heavy machinery. In West Virginia:
- You generally have two years from the date of the injury to file a personal injury lawsuit (third-party claims and product liability lawsuits).
- Workers’ compensation claims must be reported to your employer within six months of the injury under West Virginia Code § 23-4-15(a).
Failing to file a claim within the applicable statute of limitations can result in losing your right to compensation.
Contact a Heavy Machinery Accident Lawyer Today
If you or someone you love has been injured in a heavy machinery accident, contact us today for a free consultation. We will evaluate your case, explain your options, and help you fight for the justice you deserve.
