Trusted help for an excavator accident claim, Gold Coast, Brisbane and all QLD
Using an excavator can be dangerous. That’s why training and personal protective equipment are required to use the machinery. The company you work for must also carry out a sound risk assessment each day to mitigate potential hazards.
No day on a construction site is without risks. However, your construction company should offer support and instruction that will keep the chances of injury to a minimum.
If you’re a victim of a workplace injury, then you can make claims against the company that employs you. To get started, you should seek legal advice from a lawyer. A lawyer is the only person qualified to help you shape and submit your accident claim.
The dangers of excavation
If an excavator, or digger, is involved in your work, you should be made aware of the risks involved. Only qualified, trained and skilled personnel should be allowed to run the machine. An unqualified and undertrained operator presents a serious risk to themselves and other workers on-site. If an employer allows an unqualified person operate the machine, they can:
- Trap colleagues while reversing
- Trap colleagues between the digger and a fixed structure
- Strike colleagues with the bucket of the digger
If an excavator driver is to use the vehicle safely, then employers must ensure:
- Daily visual checks of equipment
- Daily visual checks of area under excavation
- Ensure that vehicle maintenance is undertaken in line with manufacturers guidelines
- Encourage employers to report defects or safety problems
- Ensure that any safety issues are addressed as soon as possible
Your employer also needs to ensure that the driver is not under the influence of drugs or alcohol while operating the machinery.
Common injuries that result from excavator accidents
Here are some of the most common injuries associated with an excavator accident:
- Back injuries
- Head injuries
- Crush injuries
- Fall injuries
- Broken bones
If the accident was minor and you suffered only a few cuts and bruises, you may require a minimum amount of medical care. But this is still a personal injury that affects your ability to work, therefore you still have grounds to apply for a compensation claim.
A severe excavator accident is a different matter altogether. It is the kind of accident that can significantly change your life and alter your future. If you sustain a major excavator accident, you will need to be rushed to the hospital. You may also need a series of extensive and intrusive medical procedures to save your life. This can lead to medical expenses of all kinds, including the costs of prescription drug medication, physical rehabilitation, and other required medical procedures.
If you have recently suffered from an excavator accident, contact us for a FREE claim assessment.
Holding people accountable
If you have sustained a personal injury, and your employer was to blame, workers compensation may not be enough to cover the damages. You may need to hire a personal injury lawyer and apply for the compensation you deserve.
Your first priority after the accident will be to physically heal. However, it’s advisable to seek prompt advice from a lawyer as time limits do apply. They can work on your behalf, investigating the accident and helping you to achieve financial restitution.
The one thing you should not do is accept any settlement offer from your employer or their insurance company before you have spoken with your own lawyer. The more severe your injury the more compensation you are entitled to. The insurance company will know this, and will try to offer you a settlement that is far below what you deserve. The best response to this kind of settlement offer is to direct the insurance company to your lawyer.
Getting legal advice: how your lawyer can help
Only a professional who knows the law can assist you with your compensation claim. To get a proper settlement, you need evidence that links your employer to the excavator accident that caused your injury. Your lawyer will undertake a thorough investigation and use their years of experience in this area of law to help your claim.
Your law team will gather the required information, such as statements from the physicians who treated you and other medical experts. This will clarify the nature and extent of your injury, and the long-term effects it will have on your health.
To properly negotiate your claim, your lawyer will bring all the evidence gathered and employ the relevant parts of the law. An experienced lawyer can negotiate in the strong, confident way necessary to carry their relevant points. Our team of experienced Personal Injury Lawyers have been trusted for nearly forty years to fight on others behalf.
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