Defective Construction Equipment

When Defective Construction Equipment Causes Injury Accidents

What happens when construction machinery is defective or malfunctions and causes serious, even life-threatening injuries to the operator when it fails? When a worker suffers serious or fatal injuries because of someone else’s negligence, he or she may have a viable claim against his or her employer and any third parties involved in the accident. A Cook County construction accident lawyer can help injured workers build their cases and seek compensation for their damages.

A few typical defective construction equipment accidents include:

  • Scaffolding collapses due to faulty manufacturing or improper assembly at the job site.
  • Improperly maintained machinery.
  • Vehicles (forklifts, backhoes, etc.) that are repaired incorrectly to make them unsafe.
  • Improper use of construction equipment in an unintended manner.

Third-Party Liability after a Defective Construction Equipment Injury

Any mistake on a construction site can expose workers and approved visitors to serious danger. Most people assume that construction accident liability rests with the employer in such instances. And for the most part, that is true because workers’ compensation pays for an injured worker’s medical bills, along with some of their lost wages and disability. But when it comes to defective equipment, there are other “third parties” that could be responsible.

Liability for a defective equipment or tool injury claim can fall on the manufacturer of the product. if the equipment is owned by another contractor or leasing company who is not your employer and was not properly maintained and injured you, that party might bear the liability for your injury-related damages. Even your employer might be negligently liable if he or she failed to maintain or repair equipment that he or she owned and knew was dangerous but made no effort to repair the machinery to make it safe. This is one of a few exceptions in which a worker can sue his or her employer outside the purview of workers’ compensation.

Third-Party Damage Claims Augment Workers’ Compensation Reimbursement

If a third-party claim is successful, injured construction workers receive the full amount of compensation due them because third parties are not bound by the restrictions of workers’ compensation. This means the following damages are available to successful injury claims:

  • All of your medical and disability bills (including all out-of-pocket expenses as a result of the injury).
  • All lost wages and benefits.
  • Pain, suffering and emotional distress – none of which is covered by workers’ compensation.
  • Additional wrongful death damages awarded to family survivors.
  • Punitive damages – depending on the facts of your specific case.

Accidents at construction sites can be especially complicated because more than one company could be involved, from the property owner to the general contractor to one or many subcontractors. Many construction machinery accident victims don’t even work for the company that owns or operates the machinery that injured the victim.

Our Cook County defective construction equipment injury attorneys are experienced accident investigators and get to the bottom of how the tragedy happened, as well as who caused it. Buttafuoco and Associates work hard to build strong and successful cases. If you have been injured by defective or dangerous construction machinery, our Cook County construction accident injury lawyers offer a free consultation. Contact us anytime by calling 1-800-NOW-HURT or fill out our online contact form.