Machinery & heavy plant accident compensation claims
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Machinery and heavy plant accidents
Heavy plant & machinery accidents' can refer to any accident involving machinery in the workplace. Heavy machinery is commonly deployed in construction, manufacturing, mining and warehouse environments, amongst others. Examples of heavy machinery that may present an occupational hazard to workers in these settings include lathes, mixers, cranes, forklift trucks, hydraulic presses, farm equipment and drilling mechanisms.
Injuries caused by machinery can also include those inflicted by everyday work items such as lifts, escalators and kitchen appliances. Just because you work in an office-based environment, it doesn't mean that you aren't entitled to make a claim for a machinery related injury.
What should I do?
If you have experienced an injury at work related to heavy plant equipement, there are a few things you should do to take care of yourself and prepare for the possibility of a workers' compensation or a personal injury lawsuit:
- Get medical attention immediately. While the full extent of your injuries may not be immediately apparent it's important that you seek medical treatment as soon as possible. A doctor can document your injuries and make sure you receive the treatment you need. This will help to document your injuries and establish a timeline for your recovery.
- Notify your employer in writing. You should notify your employer in writing of the incident that led to your injury, when it occured and your intent to seek appropriate medical attention. This will create a record of the incident and help you if you decide to file an insurance claim or lawsuit later.
- Take photos of the accident scene. This could include photos of the hazard that caused you to fall, as well as any injuries you sustained. Photos can be helpful evidence in a personal injury lawsuit.
- Get the names and contact information of any witnesses to the accident. Witnesses can provide valuable testimony about what happened, and their statements can be used to support your claim.
- A copy of the company accident report. Accidents must be documented by your company. Request and retain a copy of this accident report which will be helpful when determining your course of action.
- CCTV footage of the accident. Any video recording of the accident will help establish the facts and circumstances that led to your injury.
How much is my claim worth?
The amount of compensation a machinery accident victim is entitled to can vary depending on the specific circumstances of the accident and whether the victim's compensation is paid as part of a workers' compensation insurance claim or a personal injury lawsuit. Some considerations are:
- The victim's Lost wages. The victim may be entitled to compensation for lost wages if the injury or illness prevents them from working.
- The victim's current and future Medical expenses. The victim is entitled to compensation for all of their reasonable and necessary medical expenses related to the accident. This includes doctor's visits, hospital bills, medication costs, and any other expenses related to their treatment.
- Vocational rehabilitation. Vocational rehabilitation is a workers' compensation benefit that helps employees with physical, psychological, emotional, or health impairment overcome barriers that often hinder them from returning or maintaining their jobs. Vocational rehabilitation focuses on returning the injured worker to the original employer.
- The severity of the victim's injuries. The more serious the victim's injuries, the more compensation they are likely to receive. This includes both physical injuries, such as burns or impact to health, as well as emotional injuries, such as post-traumatic stress disorder (PTSD).
- Death benefits. The family of the deceased employee may receive an additional death benefit.
- The degree of employer negligence. In rare cases, an employees injuries may be the result of extreme indifference or reckless disregard for employees' safety. Gross negligence on behalf of the employer may impact the amount of settlement an injured employee receives.
A few extra useful tips
It is important to speak with an attorney if you have been injured at work. An attorney can help you understand your legal rights and options, and they can represent you in a workers' compensation claim or personal injury lawsuit if necessary.