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Construction equipment accidents can leave victims with significant medical bills, lost wages, and pain and suffering. Some victims suffer amputations and other permanent consequences that could make it difficult or impossible to work again. Fortunately, victims can hold the at-fault parties responsible for their losses.
It starts with identifying the parties who may be held liable, and then commencing legal action against them. The New York law firm Michael LoGiudice, LLP can help you take these and other important steps in claiming the damages you deserve.
Common Construction Equipment Accidents
Construction is dangerous, and the equipment, tools, and machinery that are involved should be handled with care. When this doesn’t happen, an accident can result. Construction injuries often involve the following:
- Cranes: Collapses and failures with the boom or the crane itself are common, as are accidents involving overloading and dropped loads. Some injuries involve cranes that come into contact with power lines or crash into people, vehicles, or buildings.
- Forklifts: New York construction workers must be properly trained and certified before they can operate a forklift. Accidents occur due to speeding, reckless operation, overloading the forklift, maintenance problems and defects, and more.
- Power tools: Numerous tools such as saws, drills, and grinders can cause lacerations, amputations, burns, punctures, and other injuries. Improper training and carelessness could be to blame, although equipment defects are often responsible.
- Vehicles: From skid loaders and backhoes to bulldozers and excavators, these and other vehicles can cause serious injury or death if improperly operated. Workers should be trained, use precaution at all times, and ensure maintenance and repairs are done.
Who Is Liable for New York Construction Accidents?
Although an injured construction worker can file a workers’ compensation claim with their employer, they might have the option of pursuing third-party claims. These lawsuits involve non-employer parties who negligently caused the accident. A third-party claim allows victims to seek damages that they cannot claim with workers’ comp, like pain and suffering.
Victims should understand that workers’ compensation laws prevent them in most cases from suing their employers. Also, whereas workers’ comp is not based on liability, a third-party claim would be. Depending on the facts in your case, the following could be liable for your injuries:
- Equipment manufacturers: If the equipment was defectively designed or manufactured, or did not come with adequate safety features and warnings, the victim could have a claim against the company that made it.
- Distributors, wholesalers, and retailers: These businesses all play a role in delivering the product from the manufacturer to its end user. One or more of them may have been negligent, for instance in failing to remove recalled equipment from its inventory.
- Repair and maintenance services: Companies that routinely repair and perform maintenance work on construction equipment could be liable for injuries if they did poor work.
- Subcontractor negligence: A subcontractor can also act negligently and therefore be liable. An improperly trained worker, or one who was reckless in using the equipment, might be to blame.
- Property owner: In some cases of defective construction equipment, the New York property owner is liable. For instance, heavy vehicles can get into an accident because of a hazard that existed at the property.
Explore Your Legal Options With Us Today
Suffering a construction equipment action will mean missed time from work, medical bills, and more. Let Michael LoGiudice, LLP work for you and hold the at-fault parties liable for their actions. Call or complete our online contact form to get started.