New York Heavy Equipment Accident Lawyer
We’ll Get You Top Dollar for Your Injuries
Heavy equipment accidents involve workers who work on construction sites face daily risks when working around and with heavy equipment. Worker’s compensation benefits are available to both the injured person and the family members of people who die in accidents, but the benefits are often a poor form of payment.
If you, or a loved one, have been injured at a work site, you are entitled to sue the responsible parties as well as your employer. Lawsuits can be brought against:
- Maintenance companies
- Machinery manufacturers
- Cleaning companies
- Any party responsible for the injury in any way
The Dangers Involved with Working with Heavy Equipment
Every single day, people go to work on construction sites and never return home. That’s because too many people are injured or killed in workplace accidents. Sadly, some injuries are so severe that the person never fully recovers. These types of tragedies that significantly disable workers, devastate their families, and damage the economy, are preventable. This is particularly the case of construction sites and factory floors where workers are required to operate heavy machinery daily.
Often, these workers have an obligation to put in long hours on the job just to put food on their family’s table. They may be tired, machines may not be adequately maintained, and general workplace accidents can occur. Heavy equipment accidents usually make up 9 out of 10 of the most common workplace injuries.
The Most Common Types of Heavy Equipment Injuries in the Workplace
The 5 most common types of injuries that are associated with heavy equipment include:
- Vehicle accidents – drivers are at high risk of auto accidents which can be severe and even fatal
- Repetitive motion complications – these are certainly less severe than heavy machinery freak accidents. However, repetitive motion complications can be just as costly as the victim requires pain management, therapies, treatment, and suffers a loss of income. Regularly lifting heavy equipment can put serious strain on tendons and muscle which, in turn, leads to spinal injuries and back pain
- Falling objects – falling objects can result in serious head injuries and are common in the workplace
- Collisions with equipment – when a worker accidentally collides with moving machinery or hard objects on a construction site or on the factory floor, life-threatening injuries can occur.
- Machine entanglement – when fingers, hands, hair, clothes, and shoes get caught in a piece of machinery, or a worker is pinned down by a forklift, serious injuries, and in some cases, death can occur
Machinery that is poorly maintained or improperly operated can cause serious injury or death when an accident happens. Such heavy equipment includes:
According to New York laws, workplaces should always be operated in a safe manner. In fact, the New York State Industrial Code mandates certain rules that govern the way construction work and sites should be conducted.
Sometimes, the injury is the result of the careless operation of equipment. In other cases, the damage is the product of a defect in the equipment. Our heavy equipment accident lawyers will carefully investigate your case and hold all responsible parties accountable.
Who Is Liable for Defective Equipment?
Sometimes, the injuries a worker incurs has nothing to do with an employer’s negligence. In certain heavy equipment accidents, a worker can be hurt due to a defective product. A piece of heavy equipment has malfunctioned due to faulty design or missing parts which result in an injury.
In such instances, our team will help you build a liability case that renders the designer of the machinery, or the supplier of the parts, as the responsible party.
Along with you, we will work to prove:
- That the equipment that caused the injury was already unreasonably dangerous when it left the manufacturer or supplier
- That you were using the equipment the way it was supposed to be used
- That the equipment had a defect that caused the injury
Construction accidents on site or at the workplace are eligible for worker’s compensation. However, this can vary and is often not enough to cover the expenses incurred by the injury. Several common elements are found in most worker’s compensation policies, including:
- Worker’s compensation insurance as provided by every employer
- A “no fault” stipulation which allows injured staff to prove that they have been injured and the injury happened at the workplace under their employer’s watch
In our state, worker’s compensation includes an injured employee’s entitlement to medical benefits, including:
- Dental and medical services
- Chiropractic treatment
- Physical therapy
- Lab tests
- Prescribed drugs
- Durable medical goods
These compensation benefits make up two-thirds of your weekly wage. If a construction accident causes an employee to die, their surviving spouse and children will receive death and survivor benefits.
Brain Damaged Child $50 Million
A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
Wrongful Death $21.5 Million
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
Pedestrian Injury $10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.