Charles E. Boyk Law Offices, LLC
Heavy machinery may cause severe injuries to the person operating it and those who are nearby. Suffering through the pain and medical rehabilitation that ensues after a severe injury could leave you unable to work or perform daily activities.
If you have suffered severe injuries while using equipment in your workplace, a Toledo heavy machinery accident lawyer could guide you through the process of filing a claim for workers’ compensation. A hard-working attorney could assist you with building your case for recovery and help you navigate the legal obstacles that may prevent you from receiving the benefits you deserve.
Not every employee is certified to operate heavy equipment at work. In addition to the state and federal regulations that administer licensing requirements for operating special machines, there is heavy equipment training that prepares prospective employees. Types of dangerous machinery that are commonly used on job sites include:
Employers are obligated only to allow trained and licensed employees to operate heavy machinery. Ohio Revised Code §4123(1)(B)(17) defines an operator as anyone that is authorized to handle the specific equipment. The statute lists the proper procedures workers should follow when using this equipment during their employment. One of the regulations, for example, requires employers to provide seatbelts for tractors, bulldozers, graders, and other machines except for equipment that has no rollover protective structure or can be operated while standing.
OSHA, or the Occupational Safety and Health Administration, regulates the health and safety of employees who operate dangerous equipment. Within their regulations, OSHA sets requirements for training, certification, and evaluation, which must be followed by workers, or they could be liable for their accident. A lawyer in Toledo could inform employees hurt by heavy machinery on how to seek compensation and how state and federal regulations may impact their restitution efforts.
A Toledo heavy machinery accident attorney could help someone who got hurt while using workplace equipment by guiding them through the workers’ comp process. An injured employee is required to prove three components to hold a valid claim for benefits.
The injured claimant first must verify that they are an employee of the person who oversees the workplace in which the injury occurred. For example, independent contractors are not eligible to receive workers’ comp benefits. This employee also must show that the workplace injury was accidental. Lastly, the employee must provide enough evidence to demonstrate that the injury took place while conducting the ordinary duties of their employment.
Claimants have one year from the date of their injury to file a claim. Injured workers may seek benefits such as:
Advocating for your right to workers’ compensation could be a challenging task, especially while you are dealing with the physical and emotional toll of a serious injury. Depending on the extent of your damage, recovery can be extensive and costly. A Toledo heavy machinery accident lawyer could help fight for your entitled relief. Start discovering the legal options in your case and schedule a consultation today.