Construction workers are one of the most likely employees to get involved in an accident. In fact, an average of two construction workers die of work-related injuries each day. This doesn't even take into account all of the workers that get injured. The sheer power and capabilities of the construction equipment can easily electrocute, amputate, and injure workers, which is why it is critical that the construction equipment design is flawless. If you have been injured in a construction-related accident caused by a defective equipment, you can seek compensation from the manufacturer or the equipment designer. Your construction injury attorney will recommend that you have these 3 types of evidences handy.
Photographs Detailing the Defect and the Scene of the Accident
To give the court a better idea as to why the construction equipment is defective or why the design is flawed, take photographs of the defective or flawed area, as well as an explanation of how it contributed to the accident. For example, you might want to photograph insufficient or missing safety guards and shields, missing or malfunctioning shut-off switches, improperly grounded machinery, or any design that is flawed and potentially dangerous to workers.
If the equipment is simply defective, it might also be a good idea to take a photograph of a functioning piece of equipment that is working properly. This difference can illustrate how the equipment malfunctioned and caused the accident.
Expert Witness Testimony Testifying that Equipment Design Is Flawed
Most construction injury attorneys will recommend working with an expert witness when dealing with the case. An expert witness is someone who simply has a lot of experience and training in the field. They are qualified to provide recommendations and to offer their insight as to what went wrong. It's a good idea to have an expert witness testify on your behalf, as this will strengthen your case. The expert witness can provide further details as to how the accident could have potentially been avoided should the equipment be functioning properly.
An expert witness is generally required if there is a design flaw. This is because you'll want the expert witness to figure out what safety measures could have been implemented to prevent the accident from happening. This individual will need to have quite a bit of knowledge on equipment design, as they'll need to fully understand the internal mechanisms of the machine, such as the electric wiring and more. An expert witness can also determine whether the manufacturer or designer followed all protocols and requirements as established by various government organizations.
Medical Reports that Correlate Accident to Injuries
Upon proving that something is wrong or missing from the equipment, you'll then need to demonstrate how this issue caused your accident and how this accident caused the injuries that you are now struggling with. The easiest way of accomplishing this is to bring along medical reports that fully describe the injuries that were sustained, the prognosis in terms of recovery, the type of medications and treatments that were recommended by a physician, the symptoms that were experienced, and more. The more detailed the medical reports, the better.
It's a good idea to only settle the case once you have reached your maximum medical improvement. At this time, it will be easy for a physician to gauge whether any injuries are debilitating, and whether the injuries will prevent you from performing certain tasks in the future.
After getting into a construction-related accident that is caused by either a defective equipment or a design flaw, you should speak to a construction injury attorney as soon as possible. The attorney can determine the type of evidences that you'll need to begin collecting immediately, and what your next steps should be.