Charlotte Heavy Machinery Injury Attorneys
Assisting North Carolina Workers With Machinery Accident Workers’ Compensation Claims
Operating any kind of heavy machinery can be dangerous. Even if safety protocols are strictly observed, accidents may still occur and seriously injure operators. When an employee is injured in an accident involving heavy machinery, they are typically able to get coverage for medical expenses and a percentage of lost income through their employer’s workers’ compensation insurance policy. Unfortunately, many employees have a challenging time securing the benefits they are entitled to under the law.
If you are having a hard time getting workers’ compensation after being injured by heavy machinery, our team at Stewart Law Offices can provide the aggressive, results-oriented representation you deserve. Our Charlotte heavy machinery injury lawyers have been recovering compensation and benefits* for victims for over 25 years, and we are ready to put our experience, resources, and skills to work for you. If you cannot come to our firm, one of our attorneys will visit you at your home or at the hospital to get to work on your case. That will include a full review of your legal options so that you can make the best decision for your family. We are sensitive to your financial situation and what is at stake, which is why our team will work to relieve your burden and fight to facilitate the best possible outcome.
Our Charlotte heavy machinery accident lawyers aim to help you overcome obstacles and access the benefits you need to cover your medical costs and a portion of your lost wages.
What is a Heavy Machinery Accident and Where Do They Typically Happen in North Carolina?
“Heavy machinery” refers to equipment that is typically used for industrial purposes. These devices are quite literally “heavy,” often weighing thousands of pounds. Therefore, accidents involving this equipment can cause serious or even fatal injuries to operators and nearby employees.
Injuries common in heavy machinery accidents include:
- Brain injuries
- Broken or crushed bones
- Deep lacerations
Heavy machinery can often be found in factories, warehouses, construction sites, and other industrial environments. Accidents are less likely when all employees follow safety rules and operators are fully trained. Though operator error is always possible, malfunctions or defective machinery can cause accidents even if every employee does everything right.
Heavy machinery accidents can occur in many types of workplaces, including:
- Manufacturing plants
- Industrial facilities
Can I Get Workers’ Compensation for a Heavy Machinery Accident in North Carolina?
Whether you are entitled to workers’ compensation will depend on several factors, including your employment classification and the size of your employer. Independent contractors are not generally covered by workers’ compensation policies. There are some exceptions, particularly in the construction industry, if you work for an uninsured subcontractor that accepts work from a general or higher-tier subcontractor.
In North Carolina, you are most likely covered by your employer’s workers’ compensation insurance policy if:
- You were an employee when the heavy machinery accident occurred
- Your employer has at least three employees
- You were not trying to hurt yourself or someone else when the accident occurred
- You were not intoxicated when the accident occurred
You do not need to prove negligence to get workers’ compensation benefits in North Carolina. In fact, fault does not matter at all. Even if your mistake led to your suffering injuries, you are generally still covered. Our Charlotte heavy machinery injury attorneys can verify your eligibility and help ensure you file your claim before the statute of limitations expires.
You must report injuries sustained in a heavy machinery accident within 30 days of the incident. Benefits can be denied if you wait too long, so submit a written report to your employer right away to avoid any issues.
When a worker passes away due to fatal injuries stemming from a heavy machinery accident, their family may be able to recover death benefits. They must report the death of the victim to their former employer within 30 days of their passing.
How a Lawyer Can Help With Your Workers’ Compensation Claim
One would hope a workers’ compensation claim involving a heavy machinery accident would be straightforward. The injuries were almost certainly job-related, as they can be demonstrably tied to a workplace accident. Because the injuries occurred as the result of a single event, there should also be no ambiguity over the deadlines for reporting the injuries or filing a claim. Still, employers and their insurers may rely on frustrating strategies to deny claims, limit what eligible employees recover, or otherwise make the process difficult.
A heavy machinery accident is likely to leave you temporarily or permanently unable to work, which is why securing temporary or permanent disability benefits is especially important. Whether you are having trouble getting necessary medical care or your employer’s insurer is denying your claim entirely, we understand how to enforce your rights and will serve as your fierce advocate from start to finish.
Our team at Stewart Law Offices is prepared to represent you if:
- Your workers’ compensation claim has been denied
- You are offered an unacceptably low settlement
- Your employer failed to report your injury
- Your employer’s insurer is not responding to your e-mails or phone calls
- You are having trouble getting temporary or permanent disability benefits
- The doctor selected by your employer or their insurer is not providing sufficient care or failing to acknowledge the severity of your injuries