NYC Construction Equipment Accident Attorney

Hazards come with construction work. Still, when heavy equipment is involved in an accident, the injuries can be devastating. Workers suffer broken bones, spinal cord damage, lost limbs, and traumatic brain injuries, and some are left permanently disabled.

You don’t have to face this alone, and workers’ compensation is rarely the end of the story. If a property owner, contractor, or equipment company played a role in your accident, you may be able to bring a third-party lawsuit on top of your benefits. The team at Richman Law Firm PLLC knows the ins and outs of New York law, and we’re committed to helping workers recover fair compensation. Contact us today for a free consultation.

Common Causes of Heavy Equipment Injuries

Most heavy machinery accidents trace back to negligence or oversight on the site. These are the causes we see most often:

Lack of Proper Training: Heavy machinery takes real skill to run. A worker who never got proper training is far more likely to make the kind of mistake that puts someone in the hospital.

Equipment Failure: No amount of training prevents an accident caused by faulty or defective equipment. Regular maintenance and inspections are what protect the workers around it.

Safety Violations: Ignoring safety rules has consequences. Failing to hand out protective gear or letting unsafe practices slide can lead straight to a heavy equipment accident.

Possible Recoverable Damages

The costs pile up fast after a heavy equipment injury. Workers’ compensation covers medical expenses and a percentage of lost wages for employees injured on the job.

Those benefits often fall short of what an injury actually costs you, though. They don’t fully account for loss of future earning capacity or pain and suffering. A personal injury lawsuit can close that gap. Damages you may be able to recover include:

Medical Expenses

Everything from the first emergency room visit to surgeries, medical equipment, prescriptions, and physical therapy can count. If you’ll need ongoing care, future medical costs may be factored in, too.

Lost Wages

If your injuries keep you out of work, whether for a few months or for good, you may be entitled to compensation for the income you lose. That can also cover lost earning capacity if severe injuries have cut into your ability to make a living.

Pain and Suffering

You may also be able to seek compensation for pain and suffering, including mental anguish. An injury that changes the course of your life takes an emotional toll as you adjust to a new reality, and the law recognizes that.

Rehabilitation Costs

A heavy equipment injury often requires extensive rehabilitation. Whether it’s physical therapy to regain mobility or occupational therapy to relearn daily tasks, these costs may be included in your claim.

Every case is different, and what you can recover depends on your circumstances. A personal injury attorney can look at the specifics and fight for the compensation you deserve.

Frequent Accidents Involving Construction Equipment

Crush Accidents: When a worker gets caught between a machine and another object. The injuries can go from broken bones and internal damage to amputations and death in the worst cases.

Run-overs: Bulldozers and dump trucks have big blind spots, and operators can run over a worker on the ground without ever seeing them. Rollovers are common too. When a machine tips onto its side, injuries are often catastrophic, and accidents like these drive many bulldozer injury claims.

Electrocutions: An electric shock on a job site can injure or kill. The risk is highest for workers running machinery near power lines or using equipment that was never properly grounded, where severe electrical burns and fatal electrocution are real possibilities.

Liability in Heavy Equipment Accidents

Figuring out who is liable for a construction equipment accident is rarely simple. Several parties may share responsibility, and each may have duties they neglected. Here’s who might be held liable:

Employers

Employers must provide a safe work environment, which means proper training, well-maintained equipment, and safety rules that actually get followed. In New York, though, workers’ compensation is generally your only remedy against your own employer.

Equipment Manufacturers

Heavy machinery manufacturers must ensure their products are safe when used as intended. If a piece of equipment is found to be defective and this defect leads to an accident, the manufacturer could be held responsible.

Contractors and Subcontractors

Contractors and subcontractors have to keep the site safe as well, which means making sure workers are well trained and equipment is in safe condition. When they fall short, they can be liable for the injuries that result.

Heavy Equipment Injuries

A construction site is supposed to be a safe place to work. Around heavy machinery, too often it isn’t. These are the injuries we see most:

• Broken Bones: Heavy machinery can exert enormous force, and broken bones often result when things go wrong. These injuries can range from broken bones that heal with time and rest to complex breaks that require surgery and extensive rehabilitation.
• Spinal Cord Injuries: Depending on the nature of the injury, victims of spinal cord injuries may suffer partial or complete paralysis, chronic pain, or other long-term complications.
• Missing Limbs: In severe cases, heavy equipment accidents can result in amputations. Losing a limb is a devastating trauma that comes with significant physical and emotional challenges.
• TBIs: Traumatic brain injuries (TBIs) can occur when a worker is struck by heavy machinery or falls from a height. TBIs can range from minor concussions to long-lasting brain damage, with symptoms ranging from headaches, memory loss, and mood changes to cognitive impairment.
• Burns: From electric shocks to fires and explosions, there are many ways workers can suffer burns on a construction site. Burns are extremely painful, can lead to permanent disfigurement, and may require intensive treatment.
• Permanent Disabilities: Unfortunately, some heavy equipment accidents result in permanent disabilities. These might include paralysis from a spinal cord injury, cognitive impairment from a TBI, or the loss of a limb.

Steps to Take After a Heavy Machinery Accident

If you’ve been through a construction equipment accident, protecting your health and your legal rights starts right away. Here’s what to do:

1. Seek Medical Attention: Even if you don’t believe you’re seriously injured, it’s essential to get checked out by a doctor. Some conditions may not be immediately recognizable, and a medical evaluation can provide crucial evidence if you decide to pursue a legal claim.
2. Report the Accident: Inform your superiors as soon as possible. Make sure the accident is documented and you have a copy of all documents.
3. Document Everything: If you can, take photos of the accident scene and write down everything you remember about what happened. This can be valuable evidence later on.
4. Contact an Attorney: Before contacting insurance companies or signing any documents, consult an experienced personal injury attorney. They can guide you through the process and ensure your rights are protected.

Contact Us for a Free Consultation

In the next few days, an adjuster will call you. He’ll be friendly. He’ll say he just needs a recorded statement to process things faster. What he needs is for you to say something, anything, that shrinks what his client owes you. This call usually comes while you’re still on painkillers.

That’s the whole reason to call a lawyer first. A forklift or crane accident is rarely just a workers’ comp case. Someone leased that machine, someone maintained it, someone was supposed to inspect it, and any of them can be liable for far more than comp pays. Richman Law Firm PLLC builds that case while the evidence still exists. Free consultation, and we don’t get paid unless you do.

Frequently Asked Questions

Can I bring a claim if another company owned the faulty equipment?

Depending on the circumstances, you may have a claim against the equipment’s owner, rental company, maintenance provider, manufacturer, or another party whose negligence contributed to the accident. Workers’ compensation does not prevent an injured worker from pursuing a separate claim against a negligent third party.

What if someone disabled or removed the machine’s safety devices?

If someone disabled or removed a safety device, that may support a claim against whoever was responsible for the equipment or how it was used. New York law requires construction equipment to be properly operated and guarded. Liability will come down to who removed the device, who knew about it, and how it contributed to your injury.

What if a guard were deliberately tied back or altered?

A guard that was tied back or altered may show the equipment was being used in an unsafe condition. Photos, witness statements, maintenance records, and testimony about who authorized the change or knew about it may all help establish liability.

What if the company refuses to provide an accident report?

You can still have a claim without an accident report. Write down what happened, hold on to photos and witness information, and keep copies of any written notice you gave your employer or another company. Then bring all of it to an attorney, who can tell you whether what you have is enough to build on and what may still be missing. If a lawsuit is filed, reports and related records can also be requested through the court’s discovery process.

What if the machine is repaired or changed immediately after the accident?

Repairs or changes can make it harder to determine the equipment’s condition at the time of the accident, so preservation matters from the start. An attorney can put the companies involved on written notice that a claim is expected and that the equipment, photographs, inspection records, and maintenance records should be kept. That notice doesn’t force anyone to act by itself. Its weight shows up later: once a party knows litigation is coming, it has a duty to preserve relevant evidence, and a court may impose sanctions on a party that alters or destroys it anyway. Requests to inspect the machine itself go through the court after a lawsuit is filed.

What is the industrial code, and how is it relevant for these cases?

The Industrial Code spells out how heavy machinery must be used on construction sites. Among other things, it requires that only trained, designated persons operate the equipment. If an untrained or unsupervised operator caused your accident, that rule could matter to your case.