Raleigh Heavy Equipment Accident Lawyer

Hurt in a Raleigh Heavy Equipment Accident? Here Is What Comes Next

You got hurt by machinery built to move tons of steel and concrete, and now you cannot move much at all. You need to pay for surgery, physical therapy, and rent while you cannot work. Someone told you this is “just a workers’ comp case,” and that does not sit right, especially when you know other companies, other crews, and other equipment owners were on that job site too.

O’Malley Tunstall, PC represents North Carolina workers and accident victims. As Raleigh heavy equipment accident attorneys, we look past the first insurance check to find every company that may share the blame, from the equipment manufacturer to the subcontractor running the site.

Workers we represent know that we investigated every responsible company, not just their employer’s insurance carrier, and that their workers’ comp claim and their injury claim were both moving at the same time. Tell us what happened on your job site, and let’s find out who should be paying for this.

The Heavy Equipment We Investigate After Raleigh Job Site Accidents

Heavy equipment accidents happen fast, and they may happen because someone cut a corner. Every machine on a job site carries its own risks. OSHA violation records, maintenance logs, and operator training files often tell the real story of why the accident happened. We investigate all of it for you, including:

• Crane accidents: tip-overs, dropped loads, and rigging failures on high-rise projects like the towers reshaping downtown Raleigh.
• Excavator and backhoe accidents: struck-by injuries and trench collapses during utility and foundation work.
• Forklift accidents: tip-overs, pinning injuries, and warehouse or lay-down yard collisions.
• Bulldozer and grader accidents: rollovers and blind-spot collisions with workers on foot.
• Dump truck and haul truck accidents: backing accidents and roadway collisions on active construction routes.
• Aerial lift and boom lift accidents: falls, tip-overs, and electrocution near overhead power lines.

If a machine on your job site hurt you, we start by finding out exactly who owned it, who maintained it, and who was supposed to be watching you work. We do the same investigation whether you were an operator, a laborer on foot, or a driver who happened to be on the road when the equipment moved.

Who Can Be Held Responsible Beyond Your Employer

On many construction sites, the company that signs your paycheck is not the only company that could be liable for your injury. A crane can be owned by a rental company, operated by a subcontractor, and standing on ground controlled by a property owner, all at the same time. One or more of the following may be legally responsible for your injury:

• Equipment manufacturers: when a machine fails because of a design flaw or a missing safety guard.
• Equipment rental and leasing companies: when a machine was not inspected or maintained before it went out to the job site.
• Subcontractors and their crews: when careless operation, poor training, or ignored safety rules caused your injury.
• General contractors and property owners: when unsafe site conditions or missing safety plans put you in harm’s way.

We do not assume the answer is “just your employer.” We pull maintenance logs, inspection records, and site safety plans before we tell you what your case is worth.

What a Crane, Forklift, or Excavator Injury Actually Costs You

Heavy equipment does not cause small injuries. A crane load that shifts, a forklift that tips, or an excavator bucket that swings the wrong way can cause:

• Crush injuries
• Amputations
• Spinal cord damage
• Traumatic brain injury 

Some of these accidents kill.

These serious injuries can result in:

• Extensive medical bills for things including surgeries, hospitalizations, doctors’ visits, rehabilitation therapy, medications, and more
• Lost income and lost earning potential
• Out-of-pocket costs for things like transportation and household help
• Physical pain and emotional suffering

It’s essential to calculate your full damages before you agree to compensation.

How We Build Your Case After a Job Site Equipment Accident

Heavy equipment cases move fast in the first days after an accident, because evidence disappears fast too. Here is what we do to help our clients after a heavy equipment accident:

1. We secure the equipment and its maintenance and inspection records before the machine gets repaired, sold, or scrapped.
2. We identify every company connected to the job site, including the general contractor, subcontractors, the equipment owner, and the manufacturer, so no responsible party gets missed.
3. We file your workers’ compensation claim while separately pursuing a third-party injury claim under N.C.G.S. § 97-10.2, so your comp benefits and your right to full compensation move forward together, not one instead of the other.
4. We bring in accident reconstruction experts, life-care planners, and medical specialists to document exactly what this injury costs you now and for the rest of your life.
5. We prepare every case as if it is going to trial, and we negotiate from that position instead of hoping the insurance company offers something fair.

That is the process whether you were operating the machine, working near it, or driving past the job site when it happened.

Raleigh’s Construction Boom, and Where These Cases Get Decided

Raleigh is in the middle of one of its biggest construction stretches in years. As of 2026, the $2.5 billion Complete 540 project has heavy equipment moving dirt and steel across southern Wake County, and downtown cranes are still rising on new towers like the Highline Glenwood residential tower. Crews recently finished up the exterior work on the new City Hall, while interior work continues. More equipment on more active sites means more chances for something to go wrong.

If your case ends up in court, it is heard at the Wake County Courthouse, 316 Fayetteville Street, Raleigh, NC 27601. We know the judges, the court staff, and the pace of civil litigation in Wake County, because we have been filing cases here for decades.

Whether your accident happened on a downtown high-rise, a Complete 540 job site, or a warehouse near Research Triangle Park (RTP), the same North Carolina rules on workers’ compensation and third-party liability apply, and we are ready to investigate it. 

Two North Carolina Laws That Matter to Your Heavy Equipment Claim

Two laws control almost every heavy equipment case we handle in North Carolina.

The first is North Carolina’s rule on third-party claims, N.C.G.S. § 97-10.2. In plain terms, this law lets you accept workers’ compensation benefits for your medical bills and lost wages while still filing a separate lawsuit against the equipment manufacturer, a subcontractor, or another company whose negligence caused your injury. Your employer’s insurance carrier may have a lien on part of any third-party recovery, but that lien does not cancel out your right to pursue the company that caused the accident.

The second is the general three-year deadline for personal injury claims, N.C.G.S. § 1-52. In most cases, you have three years from the date of the accident to file a lawsuit against a responsible third party. Workers’ comp claims run on a different, shorter clock, so do not wait to find out which deadline applies to you.

Neither law requires you to figure this out on your own.

This reflects North Carolina law as of August 2026.

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Common Questions About Raleigh Heavy Equipment Accident Claims

What happens if more than one company was working on the site where I got hurt?

Workers’ compensation only covers your employer. We investigate every other company involved, including subcontractors, property owners, equipment rental companies, and manufacturers, to find out who else may owe you compensation beyond your workers’ comp benefits. 

Do I have to choose between workers’ comp and suing the company that caused my accident?

No. North Carolina law lets you receive workers’ compensation benefits for your medical bills and lost wages while also pursuing a separate claim against a negligent third party at the same time. We handle both tracks together so you do not have to choose one or guess which one pays more.

What if I was partly at fault for the accident?

You may still be able to recover workers’ compensation benefits, but partial fault could impact a third-party claim. North Carolina follows a strict contributory negligence rule, so an insurer may try to argue you share even a small amount of blame to block your claim entirely. That is exactly why you need someone building your case correctly from day one. 

How much does it cost to hire a heavy equipment accident lawyer?

We handle heavy equipment accident cases on a contingency fee basis, so you pay no upfront attorney fees. We only get paid if we recover compensation for you.

How long do I have to file a claim in North Carolina?

In most cases, you have three years from the date of the accident to file a personal injury lawsuit in North Carolina. Workers’ compensation claims move on a shorter timeline. Typically, you have 30 days to notify your employer of the accident and two years to file a workers’ comp claim.

Does it matter if my accident happened on Complete 540 or a downtown Raleigh project?

Complete 540 and downtown Raleigh’s tower crane projects both involve heavy machinery operated by multiple contractors, which is exactly the kind of job site where third-party liability claims come up most often. We investigate every company that touched that site.

Where does my case get filed if it goes to court?

If your case goes to court, it is filed and heard at the Wake County Courthouse at 316 Fayetteville Street in Raleigh. We have litigated cases there for decades and know how the local court process works.

What if the equipment itself was defective?

If a crane, forklift, or excavator failed because of a manufacturing defect or a missed inspection, you may have a product liability claim against the manufacturer or the company responsible for maintaining it, on top of any workers’ comp benefits.

How long will my case take to resolve?

Heavy equipment cases with serious injuries often take longer to resolve than a typical car accident claim, because the damages are larger and more parties are usually involved. We give you a realistic timeline once we understand the specifics of your injury and your job site.

What should I do right after a heavy equipment accident?

Get medical care immediately, report the accident to your employer in writing, and avoid giving a recorded statement to any insurance company until you have talked to us. What you say in the first few days can affect your entire claim.

Can I still make a claim if the accident happened months ago?

Possibly. Workers’ compensation has strict reporting deadlines, and the general personal injury deadline in North Carolina is three years, so time matters, but a delay does not automatically end your case. Contact us so we can review the actual dates involved before you assume it is too late.

What if my family member was killed in a heavy equipment accident?

A death caused by negligent equipment operation or a defective machine may support a wrongful death claim in addition to any workers’ comp death benefits. We work directly with families through this process and investigate every company that may share responsibility.

Talk to a Raleigh Heavy Equipment Accident Lawyer Before You Sign Anything

You do not have to accept the first number an insurance adjuster offers, and you do not have to guess whether workers’ comp is really all you are entitled to. Contact O’Malley Tunstall, PC for a free case evaluation, and we will tell you what your options are now. There is no fee unless we recover money for you.