Workers’ Compensation for Equipment Accidents
Workers’ compensation for equipment accidents is financial compensation that a victim can receive when they’re hurt in a work accident. Equipment accidents are often severe. Workers’ compensation is a system intended to provide a victim with hassle-free access to medical care and replacement income when they’re injured at work. You don’t have to prove that the employer was at fault for the accident.
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Yes, you can get workers’ compensation for a heavy equipment accident. Whether or not you are the one operating the equipment at the time of the accident, workers’ compensation may be available to provide medical care, rehabilitation and compensation for lost work.
The standard is whether the injury occurs during the scope of your employment. By following the reporting and claims process, you can get workers’ compensation for a heavy equipment accident.
Heavy equipment and machinery accidents can happen in any industry. However, here are some types of work where heavy equipment accidents are likely to occur:
- Construction
- Farming
- Warehousing
- Trucking
- Grocery stores
- Processing
- Aviation
- Automotive
- Maintenance and repair
- Manufacturing
Occupational health and safety laws require an employer to take steps to provide a reasonably safe work environment. In jobs where heavy equipment can cause injury, the employer should take proactive steps to identify and mitigate risks associated with each position.
Yes, it may be possible to receive payment outside of workers’ comp for an industrial accident. There are often multiple factors that play into how an equipment accident occurs. For example, there may have been a third-party company that was responsible for maintaining the vehicle. Maybe there were contractors at the worksite that contributed to the accident. Workers’ compensation operates without regard for negligence. But where a third party is responsible for negligence, the negligence can be the basis of a legal claim.
Being able to receive payment for an equipment accident outside of the workers’ comp system is significant because of crucial differences in the workers’ comp and negligence systems. Workers’ compensation focuses on the victim’s losses rather than the defendant’s fault. On the other hand, a negligence claim dives into the actions of the defendant and what they did to contribute to the accident. Because of the defendant’s fault, the victim can claim additional compensation, like pain and suffering, that they can’t get through traditional workers’ comp.
It’s essential to understand how the workers’ compensation and negligence systems interact. Depending on your injuries, the law and your goals, it may make sense to file only a workers’ comp claim, only a negligence claim or both types of claims. An attorney for workers’ comp equipment accidents can help you work through the complex considerations involved in determining your rights.
Here are some ways that equipment accidents occur:
- Backing up
- Blind spots
- Inadequate operating procedures
- Colliding with another vehicle
- Hitting a stationary object
- Too many vehicles and objects in the path
- Poor vision
- Entanglement
- Falling load
- Lack of personal protective equipment
- Inadequate rest for employees
- Poor training
- Too few employees
- Too many employees
- Lapse in concentration
- Malfunctioning equipment
- Lack of equipment maintenance
To file for equipment accident workers’ compensation in Nevada, take the following steps:
1. File Form C-1: Notice of Injury or Occupational Disease
According to the Nevada Department of Industrial Relations [1], an equipment accident workers’ compensation claim in Nevada begins with completing an incident report. Complete Form C-1. Sign the notice and date it. This document must be filed within seven days of the injury. The purpose of the form is to put the employer on notice that an injury occurred.
2. Get Medical Treatment and File Form C-4
Once you’ve put your employer on notice that you were hurt at work, you must tell your employer that you got medical treatment. Complete form C-4: Employees Claim for Compensation and Report of Initial Treatment. The form lets your employer know that you have a claim based on medical treatment for your injury. Remember that you must use an approved medical care provider.
As you complete this form, remember that accurate information is critical. Write down the company name to identify the employer and not the name of your supervisor or manager. Don’t use an abbreviation for the business name.
Double-check to make sure that your name and contact information is correct and complete. Sign and date the form. Your treating physician has three days to complete the bottom of the form and send it to the right insurer and employer. The claim is not officially filed until you send it to the correct claims administrator.
3. Wait For the Insurer’s Decision
The next step in filing a workers’ comp claim for an equipment accident is waiting for the insurance company to review your claim. The insurer reviews the claim and makes a decision regarding benefits. They have 30 days to make a decision.
If your equipment accident workers’ compensation claim is denied, you can appeal the decision. Remember, if you’re unhappy with the insurer’s decision, there are steps that you can take to challenge the insurance company’s decision, whether it is a complete denial or they are not paying the amount that you feel your claim is worth. An attorney for equipment accident workers’ compensation claims can assist you with the review and appeals process.
No, you cannot be fired for filing an equipment accident workers’ compensation claim. The same employment laws still apply to all workers. Your employer cannot terminate you just because you file for benefits that you deserve under the workers’ compensation system. Our personal injury team can help you take the appropriate action if you are fired because you file an equipment accident claim. Call our office today for a free and confidential consultation on your case.
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Sources:
[1] The State of Nevada Department of Business & Industry. Industrial Relations (DIR). Retrieved October 20, 2020, from http://dir.nv.gov/
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