Operating and working in the proximity of heavy equipment, including cranes, bulldozers, loaders, and excavators, requires highly trained and skilled operators, as well as adherence to strict safety measures. When employers cut corners, equipment is poorly maintained, or third-party companies disregard basic safety protocols, catastrophic and life-threatening head and brain injuries can occur.
Traumatic brain injuries (TBIs) are among the most serious injuries a worker can experience, often leading to memory loss, cognitive issues, personality changes, and long-term disability. Some victims require a lifetime of medical care, rehabilitation, and assistance with daily tasks, leaving their families with significant emotional and financial strain.
At Rodriguez & Associates, our Bakersfield personal injury lawyer we advocate for injured workers and their families in Bakersfield and throughout California, particularly in cases involving serious head and brain injuries that occur on construction sites, excavation projects, oil rigs, and other industrial locations. We work to hold negligent subcontractors, third-party companies, and equipment suppliers accountable so that our clients can focus on healing and rebuilding their lives.
What is a Traumatic Brain Injury?
A traumatic brain injury (TBI) is a type of brain trauma caused by an external force such as a significant bump, blow, or jolt to the head, or an object penetrating the brain. Both open-head and closed-head injuries can have catastrophic results, including immediate or delayed symptoms like brain bleeds, swelling, or contusions that can be fatal.
Common Causes of Head Injuries in Construction and Excavation
Construction and excavation sites are filled with hazards that can lead to serious head and brain injuries, including TBIs. Some of the most common causes of these incidents include:
- Struck-by or caught-between accidents: Workers can be hit by moving machinery or pinned between equipment and structures when operators fail to follow proper procedures and protocol.
- Falling tools, equipment, or materials: Misloaded or unsecured items, improper operation of cranes and excavators, and unsecured scaffolding can cause severe head trauma in seconds.
- Collapses or Rollovers: Heavy equipment, such as bulldozers or cranes, can tip over if not operated properly, posing a risk to the safety of everyone on the site.
- Negligent operation by untrained subcontractors: Subcontractors aiming to meet quotas or boost productivity may assign workers without proper training or certification to operate heavy machinery, which can result in disastrous outcomes.
- Poorly maintained or faulty machinery: From derrick mishaps to crane failures, ill-maintained or recalled machinery can create a catastrophic environment. Machinery manufacturers as well as companies can be held liable if their product contributes to a TBI or other injury.
Determining Negligence in a Heavy Machinery Claim
At times, more than one party may be held responsible for negligence that caused a traumatic head or brain injury. Our attorneys have decades of experience handling complex construction and oilfield cases. We understand how to pursue maximum compensation from all liable parties to secure your future after a severe brain injury.
We investigate every angle of your claim to hold all negligent parties accountable.
Claims surrounding negligence in the workplace require thorough investigation into causation and liability. Protect yourself by hiring a personal injury attorney who not only has experience handling complex heavy machinery-related injury claims but also has access to resources and industry-specific experts.
Recoverable Damages in Heavy Machinery Head & Brain Claims
Many injured workers believe they have no options beyond workers’ compensation. However, a separate personal injury claim against negligent third parties, such as subcontractors or equipment suppliers, can produce far better outcomes for victims of head and brain injuries.
“Most injured employees rely on their employer to protect their best interests and are unaware of other avenues of compensation, besides a workers’ compensation claim against a contractor or oilfield company, that can further protect their rights.”
-Daniel Rodriguez, founder and president, Rodriguez & Associates
It is essential to explore all of your options before pursuing a claim through your employer. Unlike workers’ compensation, a personal injury lawsuit lets you seek full compensation, covering both economic and non-economic damages, so you can recover completely and protect your rights and your future.
Economic damages include compensation for:
- Medical expenses, including medications, surgeries, and doctor’s visits
- Future medical treatment and care
- Rehabilitation costs
- Lost wages and loss of future earning capacity
Non-economic damages include compensation for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Head and Brain Injury Statute of Limitations in California
Under California law, an injured person typically has two years from the time of the accident to file a personal injury claim. Not acting within this period may permanently prevent you from recovering the compensation you’re entitled to. It is essential to consult with an experienced attorney promptly to protect your rights and hold negligent parties liable.
Hire Our Bakersfield Brain Injury Attorneys to Advocate for Workers and Families
At Rodriguez & Associates, we recognize the complexities and challenges involved in traumatic brain injury cases, especially those caused by workplace negligence surrounding heavy machinery and equipment. The firm’s president and founder, Daniel Rodriguez, has hands-on experience as a roustabout and mechanic in Kern County’s oil fields, where he gained firsthand insights.
With over $1 billion recovered for clients, our experienced personal injury attorneys have a proven track record of helping workers and their families navigate the aftermath of workplace traumatic head or brain injuries, from holding negligent employers and third parties accountable to assisting families in seeking justice and regaining control of their lives.
Contact Rodriguez & Associates online or call (661) 777-7575 or toll-free at 800-585-9262 to schedule a free consultation with one of our Bakersfield traumatic brain injury attorneys today.