Operating heavy machinery always carries risks, which is why employees and others who use and service this equipment must follow strict safety regulations. But even when operators observe these rules, there could be problems with the machinery itself. If you get injured in a heavy machinery accident, you may have the right to claim monetary compensation.

However, this will be no simple task, because the lawyers and insurers representing the at-fault parties will fight back. Who can you count on to advocate for the damages that you deserve? Turn to the Santa Fe personal injury lawyers of Hunt Law Firm.

Why Heavy Machinery Accidents Happen

It’s important to understand why heavy machinery breaks, becomes defective, and otherwise fails to operate properly and thereby causes injury. Common causes of these accidents include:

  • Manufacturing defect: The machinery in question may have been assembled improperly or built using cheap and defective parts. This causes the machine to malfunction and fail, often leading to injury.
  • Design defect: On the other hand, the machine could be assembled perfectly, but suffer from a design flaw such as lacking sufficient safety features. The machine is therefore inherently dangerous.
  • Improper training: Operators of heavy machinery are required to train so they can safely handle the equipment. If the individual using the machinery does not know what they are doing, someone could get hurt.
  • Disregarding regulations: OSHA (Occupational Safety and Health Administration) enforces strict safety regulations on construction sites and in other workplaces. Ignoring these could prove catastrophic.
  • Lack of safety equipment: Operators should also use personal protective equipment, or PPE, when operating machinery. This may include boots, eye goggles, and gloves.
  • Environmental conditions: Sometimes, the environment in which heavy machinery operates isn’t safe. For instance, a forklift operating on an uneven surface on a construction site could tip over and injure someone.

Important Santa Fe Workplace Safety Regulations

The main body of rules that govern the use of heavy machinery is found in section 1926.600 of OSHA’s regulations. Employers and site supervisors are required to know and enforce these rules, and ensure their employees are trained in them. Failure to do so could endanger not only employees but also the general public.

These regulations concern a broad range of heavy machinery issues, such as:

  • Safety features: There are many and include lights, reflectors, cages, tire racks, guards, barricades, and much more. Every piece of machinery has its own safety features that should be properly installed, maintained, and used.
  • Proper positioning: Certain equipment must be positioned correctly when not in use. For instance, a bulldozer must be fully lowered or blocked when it is being repaired or is not being used.
  • Wheels and brakes: Heavy machinery that is on wheels has to be parked safely, with the parking brake engaged. This is especially vital when these machines are parked on inclines or uneven surfaces.
  • Safety glass: Many pieces of equipment require safety glass, and the glass must meet certain standards and provide no visible distortion to the operator.
  • Clearance: Clearance is the distance between adjacent surfaces of machinery parts. Precise clearances are required to ensure proper operation of all machine parts.
  • Voltage and grounding: There are various regulations concerning heavy machinery voltages and grounding of electrical wires. Not following these could lead to a fatal electrocution.

New Mexico has adopted its own regulations, which largely mirror OSHA rules although with some variations. In addition, Santa Fe employers may have internal safety regulations that provide even more protections. Employers and employees alike must be mindful of all applicable safety rules.

Who is Responsible For Heavy Machinery Accidents?

Considering the numerous ways in which heavy machinery can cause harm, an accident may point to one or more parties at fault. Among them are:

  • Employers: If an employee gets hurt on the job site, they can usually file a workers’ comp claim against their employer. The Santa Fe company may also be liable to non-employees, such as members of the general public who are injured in a heavy machinery accident.
  • Contractors and sub-contractors: These are particularly prevalent in the construction industry. Negligence on the part of a general contractor or sub-contractor could open the door to a personal injury action.
  • Manufacturers: The maker of the equipment could be held liable for a manufacturing or design defect. This includes the lack of adequate safety protections on the machinery.
  • Retailer or third-party seller: The retailer that sold the machinery directly to its operator could be held liable for resulting injuries. The same is true if a third-party seller was the one who sold the equipment.
  • Maintenance and repair servicers: There are third-party companies that are responsible for maintaining and repairing heavy machinery. When they fail to perform adequate work or use defective parts in their repairs, they too can be held responsible.
  • Property owners: Some heavy machinery accidents occur because of problems with the property on which it operates. An example is a bulldozer accident that occurs due to a sinkhole which the owner knew or should reasonably have known about.

Common Injuries in Santa Fe Heavy Machinery Accidents

It’s important that you get medical attention right away if you have been involved in a heavy machinery accident, even if you don’t think you were hurt. Some common injuries are:

  • Punctures
  • Lacerations
  • Internal bleeding
  • Traumatic brain injury
  • Spinal cord injury
  • Amputation
  • Broken bones
  • Burns
  • Bruises
  • Fatal injuries leading to death

Document your medical bills and records, follow your doctor’s recommendations, and see any specialists to whom you are referred. Doing this can protect your health and your legal claim.

Contact Our Santa Fe Heavy Machinery Accidents Attorney

You may be entitled to payment for medical bills, lost wages, pain and suffering, and other damages if your heavy machinery accident was the result of negligence. But litigating a personal injury case requires knowledge of the law, courtroom procedure, and various rules that govern these lawsuits. You simply cannot afford to go without experienced legal counsel.

Let the Santa Fe attorneys of Hunt Law Firm review the circumstances of your injury and then develop a personalized legal strategy aimed at winning the compensation you need. Give us a call or complete our online contact form today to schedule your consultation.

Frequently Asked Questions About Heavy Machinery Accidents

What’s the difference between workers’ compensation and personal injury claims?

The two main differences are fault and the nature of available compensation. Whereas a personal injury claim requires the victim to prove fault (by establishing that someone was negligent), workers’ compensation does not. An employee is entitled to certain forms of compensation simply because the accident occurred in the workplace.

However, this compensation is somewhat limited in a workers’ comp claim. Workers’ comp usually pays for medical bills and lost wages, but not certain types of damages like pain and suffering and punitive damages. A personal injury lawsuit can cover all of the above damages and more, and is available to non-employees as well.

Am I limited to a workers’ comp claim?

In most cases, workers cannot sue their employers and must instead pursue the available compensation through a workers’ comp claim. But there are cases in which third parties like the ones listed above can be held liable. A personal injury attorney can review the circumstances of your accident and determine if you can file a third-party claim against those parties.

What should I do if I’m in a heavy machinery accident?

You should get medical attention right away, even if your injuries seem minor, and report the accident to your employer or some other responsible party like a site supervisor. Document the accident and your injuries by way of photos and videos and get the names of any witnesses. Lastly, reach out to our Santa Fe personal injury attorneys for help claiming compensation.