Workers who operate heavy machinery are at a higher risk for workplace injuries. Even minor oversights and mishaps can be serious when they involve massive equipment. Heavy machinery operators must be aware of any risks and causes of accidents and who could be liable for work-related injuries if damages occur on the job.
If you or a loved one faces injuries due to dangerous or heavy machinery, contact a New York construction accident attorney as soon as possible. Evidence may be challenging to gather, and identifying who is at fault for the accident should never fall on the shoulders of someone already facing injuries.
New York construction workers are common victims of workplace accidents. The National Safety Council ranks construction as one of the most dangerous occupations in the U.S., with the highest number of workplace deaths in 2021. A significant factor in these deaths is the use of hazardous equipment.
Heavy Machinery Accident Examples
Various tools may contribute to a construction workplace accident, including:
Misuse or defects in these products can lead to significant injury. Common types of accidents related to heavy machinery in New York include rollover, struck-by, caught-in-between, and overexertion accidents.
Rollover accidents occur when a vehicle or tool—such as a tractor, bulldozer, or crane—falls over due to uneven weight or terrain. With large machinery in particular, these accidents can result in severe injury for workers who fall off or are trapped underneath.
Struck-By Accidents
Struck-by accidents involve a worker being hit with an object on the job. This may include a crane, bulldozer, or other heavy equipment that causes death or injury upon impact. According to OSHA, struck-by cases are one of the “fatal four” types of accidents.
Caught-in/between accidents are another one of the “fatal four” accidents. This type of accident involves an individual getting crushed or pinched between two objects, such as two pieces of heavy machinery or between a wall and equipment.
Overexertion Accidents
Overexertion accidents occur from pushing the body too hard. These can be caused by various factors, such as lifting objects that are too heavy, working too long, or using incorrect lifting posture or technique.
Causes of Heavy Equipment Accidents in New York City
Heavy machinery is dangerous, so there are strict rules to keep workers safe and prevent injury on the job. However, safety measures sometimes fail, and accidents occur. Common causes of NYC heavy equipment accidents include:
Improper Training
It is up to a worker to read all the safety instructions before operating a potentially hazardous piece of equipment. However, it is also the employer’s responsibility to train employees before allowing them to work. If an employer fails to train workers on safely operating machinery, the employer could be held liable for any injuries sustained.
Failure to Comply with Regulations
Employees and employers should adhere to OSHA construction regulations and standards. This can include wearing hard hats, safety goggles, ear guards, steel-toed boots, and other protective gear while operating heavy machinery.
Additionally, workers should check their surroundings and ensure their worksite is free of potential hazards before they begin their duties. If an employer or employee disregards OSHA standards, they may be at fault for any accident that occurs as a result.
Even with proper training and safety protocols, an injury on the job isn’t entirely unavoidable. Outside factors such as defective products commonly contribute to workplace accidents.
Ideally, a defective product is obvious, such as a hammer with a split or cracked handle, a chipped or worn-down drill bit, or a chisel with a mushroom head. It is essential to look out for broken guards on power tools, cracked blades on saws, and any other apparent hazard that may cause harm.
However, defects in tools are not always easy to spot. Some products appear to be safe to use but still malfunction. After a construction accident caused by a defective device, connect with a New York personal injury lawyer as soon as possible to determine who could be liable and how to obtain total compensation for your injuries.
NYC Heavy Equipment Injuries
Some of the most common injuries caused by defective tools on NYC job sites include:
These injuries can lead to a lengthy and expensive recovery. In some cases, injuries may be fatal. You might be entitled to compensation if you lost a loved one due to a heavy machinery accident in New York. Contact a construction accident wrongful death attorney at Hecht, Kleeger, & Damashek, P.C. to learn more about the actions you can take after tragedy strikes.
Who is Responsible for a Dangerous Machinery Accident?
Construction workers sometimes do not know who to blame following an on-site accident. An experienced New York construction accident attorney from Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C. can help you gather evidence, investigate the accident, calculate your pain and suffering, and determine who is at fault for your injuries.
Third-Party Liability Claims
You might pursue a third-party liability claim if a party outside your employer or coworkers caused your accident. These types of claims often bring higher settlements than workers’ compensation alone and are likely your best option for recovering fully if your injuries are severe.
HKD can build a strong defense case to help you obtain rightful compensation through a third-party liability claim or lawsuit. We understand the frustrations you may experience after an accident leaves you injured, so we do everything we can to help ease the legal burdens so you can focus on recovery.
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Heavy Machinery Injury FAQs
What are the most common types of heavy machinery accidents?
Heavy machinery accidents often include equipment malfunctions, falls, struck-by incidents, caught-in/between accidents, and electrocutions. These accidents can result from improper maintenance, operator error, or lack of proper safety protocols.
Who can be held liable for a heavy machinery injury?
Liability for a heavy machinery accident may fall on multiple parties, including employers, equipment manufacturers, contractors, or third-party vendors. An experienced New York construction accident lawyer can help determine who is responsible for your injuries.
What compensation can I recover for a heavy machinery accident?
You may be eligible to recover compensation for medical expenses, lost wages, pain and suffering, and rehabilitation costs. In cases of gross negligence, punitive damages may also be pursued.
How long do I have to file a claim after a heavy machinery accident in New York?
In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, deadlines may vary depending on the circumstances of your case. Seeking legal advice as soon as possible is crucial to protect your rights.
What should I do if I’m injured by heavy machinery at work?
If you’re injured, seek medical attention immediately, report the accident to your employer, document the scene with photos and witness statements, and contact an experienced NYC construction accident attorney to discuss your legal options.
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If you or a loved one has been injured on the job due to heavy machinery, call the New York construction accident lawyers at Hecht, Kleeger, & Damashek, P.C. We’ve helped clients recover millions in compensation for their injuries, and will not charge you any fees unless we help you win as well. Our award-winning legal team has decades of experience in workplace accident cases across New York, including the Bronx, Brooklyn, Queens, and Manhattan.
You deserve an attorney with success and experience handling New York City heavy equipment accidents. Call HKD at 212-289-8351 or use our online contact form today to schedule a free consultation.
