What Is a “Caught-In or Between” Accident?
A “caught-in or between” accident refers to a type of workplace accident in which an employee is caught or compressed between two objects, or is caught in or between a running machine or equipment.
This type of accident can occur in a variety of industries, including construction, manufacturing, and transportation. In New York City, employers are required to provide a safe working environment for their employees and to follow OSHA regulations to prevent “caught in or between” accidents from occurring. Failure to implement proper safety measures or provide adequate training can make employers liable for injuries and fatalities.
Common Types of Caught-In or Between Accidents:
- Cave-ins, such as trench collapses
- Machinery accidents, including being pulled into equipment
- Crushing incidents, caused by rolling, sliding, or shifting objects
It’s important to note that standard New York City motor vehicle accidents involving at least one vehicle in normal operation are not typically included in “caught in-between” accidents.
However, if a person is caught between a semi-trailer and a dock wall, that would be a caught-between accident.
Who is Liable for Caught-In or Between Accident in NYC?
Even if you were injured on the construction site, you have options in addition to workers’ compensation. Depending on what happened, you may be able to file a third-party personal injury lawsuit.
According to New York workers’ compensation law, you cannot sue your employer if they have workers’ comp insurance. However, if a third party contributed to your accident, you may be eligible to file a personal injury lawsuit.
Potential Liable Parties:
- Mechanics or technicians
- Machine operators or drivers not employed by your company
- Equipment or parts manufacturer
- City or state agencies
- Safety inspectors
- Property owners
- Contractors or subcontractors
In some cases, more than one party may be responsible. If this is the case, it’s important to name everyone who could be liable in your “caught in-between” lawsuit. Missing an at-fault party could limit your recovery.
How Much Are Caught In-Between Accidents Worth in NYC?
Filing a third-party personal injury claim allows you to seek full compensation for your damages. An experienced New York City Personal Injury lawyer can help you recover financial compensation for:
- Medical expenses: Past and future treatment costs
- Lost wages: Compensation for time off work
- Loss of earning potential: If your injury affects your career
- Pain and suffering: Physical and emotional distress
- Disability and disfigurement: Lasting physical impairments
- Emotional distress: Psychological trauma
- Mental anguish: Ongoing emotional struggles
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