Austin Heavy Machinery Accident Lawyer
Last updated on March 18, 2026
Occupations involving heavy machinery place the safety of workers and their futures in jeopardy on a daily basis. Even when workers take the proper precautions, they may inadvertently find themselves in danger, possibly due to the negligence of another. However, injured workers should not worry, as there is a breadth of options for holding reckless parties accountable for their actions and for procuring justice.
I am attorney Matthew Shrum. Since the start of my legal career in 2006, I have taken a stand for injured workers in the Austin community, including those in Travis, Williamson, Hays and Bastrop counties, who are facing a long road to recovery after catastrophic worksite injuries.
During my 20-year career as an accident attorney, Texas workers have grown to trust my firm, The Law Office of Matthew Shrum, PLLC, when accidents leave them injured and looking for a path to compensation.
Who Is Liable For A Heavy Equipment Accident?
When a heavy equipment accident occurs, determining liability becomes an immediate priority for all parties. The first party who may be responsible for the accident is the employer. Employers may find themselves liable if they committed OSHA safety violations, were negligent in supervising the injured worker, failed to provide adequate training or did not perform regular maintenance on the machine.
The distributors or manufacturers of the actual machine could potentially be deemed responsible for an accident as well if industrial equipment defects were the cause of the injury. For example, if there were design or manufacturing flaws in the machinery, courts may place blame on the manufacturer.
Additionally, if there were no safety warnings present on or around the machine, the worker could attempt to hold the manufacturer liable for all injuries. Third-party inspectors or maintenance providers could also face repercussions if they did not perform adequate maintenance on the machine or missed warning signs during an inspection.
Finally, the worker could also find themselves responsible for their own injuries. In this situation, the employer must prove the worker acted negligently or performed duties outside of their regular scope of work. If successful, the employee will have trouble seeking legal recourse.
What Types Of Machinery Cause The Most Accidents?
In construction, warehouse or industrial work environments, heavy and potentially dangerous machinery is unavoidable. In the majority of cases, which include struck-by accidents, rollovers or crushing injuries, backhoes and dump trucks take responsibility for the injuries that workers suffer. Forklifts are another common type of machinery involved in industrial or warehouse accident claims in Texas.
In terms of rollover or pinning accidents, bulldozers and loaders are the most common machines involved with these types of injuries. Lastly, cranes are another factor commonly seen in heavy machinery accidents.
What Injuries Are Most Common In Heavy Machinery Accidents?
Any accident that centers around heavy machinery is likely severe and can lead to significant long-term trauma. Whether a worker’s suffering resulted from a rollover, crushing or a struck by accident, the most common injuries include:
- Amputations
- Fractures
- Broken bones
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
Each of these injuries can lead to severe and lasting trauma for workers. Employees could face chronic pain or psychological distress at the very least. In more severe cases, such as amputation, workers will face a permanent disability and a lifelong adjustment to their injury. Spinal cord or brain injuries can additionally lead to chronic suffering and a reduced quality of life. By performing the appropriate actions and finding legal support, workers can battle for their rights and potentially limit the long-term suffering they face.
What OSHA Safety Violations Lead To Heavy Machinery Accidents?
Occupational Safety and Health Administration (OSHA) standards are carefully designed to protect workers and to ensure that a safe environment is always present. When employers fail to adhere to these standards, catastrophic accidents can take place.
One commonly cited violation, when discussing heavy machinery accidents, is OSHA standard 1926.600, which relates to equipment maintenance and safety. For example, the improper shutdown or inadequate care of a machine can immediately lead to injuries and OSHA repercussions.
Machine guarding is another frequently cited violation when dealing with machinery injuries. This violation results from employers failing to provide protection against point of operation machines that involve rotating parts or flying debris.
Providing improper hazard communication is another common OSHA violation that involves a failure to adequately label or inform employees about hazardous materials or substances present in the workplace.
Employers who are in direct violation of any of these standards will likely face consequences, including fines. OSHA may fine companies thousands of dollars for first-time violations and hundreds of dollars for any subsequent violations.
It is important to understand that you don’t have to prove your employer was negligent to make a workers’ compensation claim. In heavy machinery accident cases, however, you could also have a personal injury claim. In personal injury cases, negligence matters.
What Should You Do Immediately After An Accident?
When on a worksite, regardless of the industry, safety is paramount. Following an injury, workers and bystanders should ensure their safety by immediately halting all work and relocating away from the dangerous area. Once everyone has evacuated the area, calling 911 and obtaining medical treatment should be the next steps in the process.
Avoiding medical care is a common mistake for injured workers, making it vital to seek treatment even if injuries seem minor or are slow to develop. Informing the employer about the accident should also be a priority for workers. Forgetting to report the injury can lead to a delay in investigating the injury and obtaining compensation.
Workers should also be sure to avoid moving any equipment or machinery involved in the incident, as doing so could impact the scene and negatively affect any investigations. Victims must also attempt to take photos of the equipment, the scene and any injuries to provide evidence that their suffering was a direct cause of the malfunctioning equipment.
Speaking with other workers who witnessed the incident can help provide another perspective and strengthen a victim’s claim to fight for crush injury compensation.
Throughout this whole process, trying to document an injury and build a case can be a major undertaking for injured workers. Finding help from an experienced and accomplished Austin heavy equipment injury lawyer can lead to a wealth of benefits.
Now Scheduling Free Consultations For Heavy Machinery Accident Victims
Urgent advocacy is a requirement for handling a heavy machinery accident claims and finding answers for injured workers. I can help Texas workers navigate the long road ahead of them and fight to help them recover.
To schedule a free consultation and to hear how I can offer support, please email my firm or call me directly at 512-994-0313.
