Construction Equipment Accidents: Legal Options for Injured Workers
Construction sites depend on heavy machinery to complete demanding projects, but these machines can also pose significant dangers. Cranes, forklifts, bulldozers, and other powerful equipment are linked to many injuries on construction sites every year. When accidents happen, injured workers might face expensive medical bills, lost income, and lengthy recovery times. Knowing your legal options after a construction equipment accident in New York can help you protect your rights and seek the compensation you deserve.
Common Causes of Construction Equipment Accidents
Although construction work is inherently risky, many injuries occur when safety measures are not followed. Some common causes of these accidents include:
- Improper training: Workers who lack sufficient training to operate machinery may misuse equipment.
- Equipment malfunctions: Faulty parts, inadequate maintenance, or mechanical issues can cause sudden, dangerous accidents.
- Lack of safety protections: The absence of guards, warning systems, or safety barriers can increase the risk of injury.
- Poor supervision: When supervisors neglect to enforce safety regulations, workers can engage in unsafe practices.
- Falling equipment or materials: Cranes and hoists may drop loads if they aren’t properly secured.
These accidents can result in serious injuries like broken bones, traumatic brain injuries, spinal cord injuries, crush injuries, or even death.
Workers’ Compensation Benefits
In most construction equipment accidents, injured workers can file a workers’ compensation claim through their employer’s insurance. Workers’ compensation is intended to offer benefits regardless of who caused the accident.
In New York, workers’ compensation may cover:
- Medical treatment related to the injury
- A portion of lost wages while you recover
- Disability benefits for temporary or permanent impairments
- Vocational rehabilitation in some cases
However, workers’ compensation benefits are limited. They generally do not cover full lost income or compensation for pain and suffering. This is why many injured workers explore additional legal options.
Third-Party Personal Injury Claims
In certain cases, injured construction workers may pursue a third-party personal injury lawsuit in addition to filing a workers’ compensation claim. A third-party claim can be made when the negligence of another individual, other than the employer, played a role in the accident.
Examples of potentially liable third parties include:
- Manufacturers of equipment that produced faulty machinery
- Contractors or subcontractors who created hazardous conditions
- Property owners who neglected to maintain a safe construction site
- Companies responsible for equipment maintenance that conducted negligent repairs
A successful third-party lawsuit can enable you to obtain compensation for damages that workers’ compensation does not address, such as full lost wages, pain and suffering, and other financial losses.
New York Construction Labor Laws
New York has specific labor laws designed to protect construction workers. Certain provisions place strict responsibility on property owners and contractors to maintain safe working conditions.
For example, New York labor laws address hazards related to scaffolding, elevation risks, and other dangerous conditions commonly found on construction sites. If an equipment accident involves unsafe conditions that violate these protections, injured workers may have stronger legal claims.
Because these laws can be complex, legal guidance is often important when determining whether they apply to a particular case.
Contact Us for Legal Help
Our Long Island construction accident lawyers at Jacobson Law can review the circumstances of your accident, identify possible claims, and help you pursue the compensation you may be entitled to under the law. Contact us today to schedule a consultation.
Source:
nysenate.gov/legislation/laws/LAB/A10