Backhoe Accidents

Backhoes are common equipment at many construction sites, as they allow workers to excavate and move large amounts of dirt quickly. Although backhoes are an essential tool for construction companies, using them carries certain risks, and harmful incidents can arise if they are not operated with proper care. Backhoe accidents often cause substantial physical trauma, which in turn leads to extensive medical costs and loss of income. People hurt in backhoe accidents are often eligible to recover workers’ compensation benefits, fortunately, which can help offset their economic harm. If you were injured while performing job duties, you should talk to an attorney about whether you may be owed workers’ compensation benefits as soon as possible. At Foran & Foran, P.A., our knowledgeable Prince George’s County workers’ compensation attorneys are dedicated to helping injured workers pursue benefits for their losses, and if you engage our services, we will help you protect your interests.

Backhoe accidents predominantly occur in construction and agricultural workplaces. These accidents often result from unsafe usage. For example, if the backhoe is driven on uneven ground or at an unsafe speed, it may tip over, which can cause crush injuries, brain trauma, and other harm. Similarly, if a backhoe operator does not exercise due care, it may collide with other machinery or structures and may accidentally strike power lines or underground utilities. Injuries from such accidents can be severe and may include fractures, amputations, electrocution, and, in some cases, fatalities.

People hurt in backhoe accidents can recover workers’ compensation benefits if they meet the requirements set forth in Maryland's Workers' Compensation Act (the Act). Among other things, the Act mandates that only personal injuries that are accidental qualify for coverage. Further, coverage is limited to employees, which means the injured party must show the existence of a bona fide employer-employee relationship. Additionally, to be compensable, injuries must occur due to job conditions and during the performance of job duties.

People eligible to recover workers’ compensation benefits are typically awarded benefits to cover their medical costs and loss of income. Specifically, medical and hospitalization benefits cover the cost of medical treatment, including surgeries, hospitalizations, medication, and physical and occupational therapies.

Disability benefits, on the other hand, help to reduce the loss of income the employee suffered due to their injuries. Temporary total disability are provided to employees who are recovering from an injury and are totally disabled from working in any capacity. These benefits amount to 2/3 of the employee’s average weekly wage capped at the State average weekly wage. Temporary partial disability benefits are provided to employees who are recovering from an injury and can work only part-time or with reduced duties, which results in a lower income. These benefits amount to 50% of the difference between the employee's average weekly wage and their current reduced earnings, capped at 50% of the State's average weekly wage. For those who are temporarily totally disabled, the benefits awarded will equal two-thirds of their average weekly wage, with a minimum of $50 per week, up to the State’s average weekly wage. These benefits end when the employee can return to work or reaches maximum medical improvement.

People who suffer lasting injuries may be eligible for permanent disability benefits. Permanent total disability benefits are available for severe injuries leading to total disability. Such benefits are calculated at two-thirds of the average weekly wage, adjusted annually for the cost of living. Permanent partial disability benefits apply to less severe injuries, with weekly payments based on the injured body part and severity, continuing for a statutory period.

The sheer size and weight of backhoes make them dangerous vehicles, and backhoe accidents routinely cause overwhelming losses. If you were injured in a workplace incident involving a backhoe, it is prudent to confer with an attorney to determine if you may be owed workers’ compensation benefits. The knowledgeable Prince George’s County workers’ compensation attorneys of Foran & Foran, P.A., possess the experience and knowledge needed to help you pursue any benefits you may be owed. Our office is located in Greenbelt, Maryland, and we regularly represent people in workers’ compensation claims in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville, and other cities in Prince George’s County, Montgomery County, Charles County, and all counties in the State of Maryland. You can set up a confidential and free conference by using our form online or by calling us at (301) 441-2022.