Greenville Workers’ Comp for Heavy Equipment Injuries

How to Get Maximum Compensation After a Heavy Equipment Injury at Work in Greenville

Heavy equipment plays a crucial role across industries like construction, warehousing, and manufacturing, enabling workers to accomplish tasks efficiently that would otherwise require immense manual effort. However, the same tools that make these tasks easier can also be the cause of severe and life-changing injuries.

According to the U.S. Bureau of Labor Statistics (BLS), 30,300 work-related injuries and illnesses were reported in South Carolina in 2021. Of these, 19,900 were classified as severe. Industries such as trade, transportation, utilities, and manufacturing consistently have the highest rates of workplace injuries.

If you’ve been hurt in a heavy equipment accident on the job in Greenville, you may be entitled to workers’ compensation benefits, covering your medical expenses and lost wages while you recover. At Smith Born Leventis Taylor & Vega, LLC, our experienced Greenville workers’ compensation attorneys are ready to help you secure the benefits you deserve.

Contact Smith Born Leventis Taylor & Vega, LLC today at (803) 599-2207 for trusted Greenville workers’ compensation attorneys ready to fight for you!

What Qualifies as Heavy Equipment?

Heavy equipment refers to large and powerful machines often used in demanding work environments. These include, but are not limited to:

• Bulldozers
• Cranes
• Forklifts
• Cement mixers
• Excavators
• Loaders
• Dump trucks
• Road graders
• Trenchers
• Power shovels
• Back-end loaders

Each type of equipment carries its own set of risks, with accidents often resulting in catastrophic injuries.

Common Causes of Heavy Equipment Accidents

Accidents involving heavy equipment can happen in any industry where large machinery is used to complete tasks. Typical causes include:

• Poor equipment maintenance: Machinery that’s not regularly serviced can malfunction.
• Structural issues: Weak foundations can lead to equipment tipping or collapsing.
• Improper equipment usage: Using the wrong equipment for a job increases accident risks.
• Untrained workers: Lack of training can lead to operational errors.
• Safety violations: Ignoring established safety protocols or OSHA regulations contributes to dangerous work environments.

These factors, often preventable, result in accidents that impact not only workers but also their families and colleagues.

Types of Heavy Equipment Injuries

Operating heavy machinery or even working near it can lead to serious injuries. These injuries are often life-altering and come with long-term physical, emotional, and financial consequences. Common injuries include:

• Brain injuries: Blows to the head from falling objects or overturned equipment can cause traumatic brain injuries.
• Spinal cord injuries: Accidents may lead to paralysis or other mobility impairments.
• Amputations: Mishandling or equipment malfunctions can result in severe limb injuries requiring amputation.
• Fractures: Broken bones are common in crush injuries involving heavy machinery.
• Burns: Fires or chemical spills involving equipment can cause serious burns.
• Fatal injuries: Tragically, some accidents lead to fatalities, forever changing the lives of families left behind.

If you or a loved one were injured while working with heavy equipment in Greenville, a heavy equipment injury lawyer from our team can help you understand your rights.

Understanding Workers’ Compensation in South Carolina

The workers’ compensation system in South Carolina is designed to protect employees injured on the job. It’s a no-fault insurance program that provides financial assistance for injured workers without requiring proof of employer fault.

Am I Eligible for Workers’ Comp Benefits?

To qualify for workers’ compensation in South Carolina, you need to meet the following conditions:

1. Employer-employee relationship: You are not an independent contractor but a regular employee.
2. Work-related injury: Your injury or illness occurred during the course of your job duties.

If you meet these qualifications, you are entitled to file a claim.

Available Benefits

There are three primary categories of workers’ compensation benefits in Greenville:

• Medical benefits: Covers all necessary and reasonable medical care, including surgeries, rehabilitation, medications, and therapy.
• Wage replacement: Provides two-thirds of your average weekly income while you’re unable to work due to injury.
• Death benefits: Offered to dependents of an employee who dies from a job-related injury, including compensation for funeral expenses and lost income.

We’re here to ensure you receive everything you’re entitled to when filing a workplace injury claim in Greenville.

Steps to File a Workers’ Compensation Claim in Greenville

Filing a workers’ comp claim can be overwhelming, especially when dealing with a severe injury. Follow these steps to maximize your claim:

1. Seek medical attention immediately: Start with treatment to ensure your injuries are documented. Your records will connect your injury to your work.
2. Notify your employer ASAP: File a written report of your accident with your employer within 90 days. Delay could impact your eligibility.
3. Ensure your claim is submitted: Your employer is required to file the claim with the South Carolina Workers’ Compensation Commission. If they fail to do so, you can file it yourself using Form 50.
4. Consult an attorney: If your claim is denied or your employer refuses to comply, a Greenville workers’ compensation attorney can help you appeal and fight for the benefits you need.

What If Your Case Is More Complex?

While workers’ compensation typically prevents employees from suing their employer, some cases may involve additional legal remedies.

Suing Your Employer

If your employer lacks workers’ compensation insurance or disputes your employment status, you may be able to sue them under state tort law. Unlike workers’ comp, tort claims can include compensation for pain, suffering, and punitive damages.

Filing a Third-Party Claim

Sometimes, a third party (like a manufacturer or equipment rental company) may be responsible for your accident. For example, faulty machinery or tools could give rise to a product liability lawsuit. You can file this along with your workers’ compensation claim to seek additional damages.

Our team will review your case to identify all possible avenues for compensation.

Why Work with a Greenville Workers’ Compensation Lawyer?

Filing a claim for workers’ comp benefits is a complex process. Without experienced help, you risk making mistakes that could cost you benefits. A dedicated lawyer can:

• Guide you through legal processes and meet all claim deadlines.
• Negotiate with insurers to maximize benefits.
• Identify third-party claims and file lawsuits when necessary.

At Smith Born Leventis Taylor & Vega, LLC, we leverage years of experience to help injured workers in Greenville. Whether you’re filing your first workers’ comp claim or facing a denial, we’re here to provide step-by-step support.

Free Consultation Available

Don’t face this battle alone. We’re here to help you recover physically, financially, and emotionally from your workplace injury.

Contact us today at (803) 599-2207 for a free evaluation with an experienced Greenville heavy equipment injury lawyer.