Imagine this: You’re on a construction site, handling equipment you rely on to stay safe every day. But in a flash, something goes wrong. Maybe a harness snaps or a safety railing isn’t as sturdy as it should be. As you’re grappling with injuries, it's only later that you find out the equipment was modified. Someone made changes to cut corners or save time, but now you’re left paying the price.
When construction equipment is modified in ways that compromise safety, the results can be devastating. Many construction accidents are linked to changes in safety protocols or equipment that leave workers vulnerable.
If this situation sounds familiar, know you’re not alone—and that you have options. Reach out to an experienced Bronx construction accident lawyer who can advocate for your rights. At The Perecman Firm, we understand the severe impact of these incidents and fight tirelessly to ensure that injured workers and their families receive the compensation they deserve.
Our team of construction accident attorneys understands how modified equipment contributes to construction site injuries and knows the steps to take to advocate for justice. We offer a free consultation to evaluate your claim for compensation.
Situations Leading to Construction Accidents Due to Modified Equipment
Construction involves various specialized machinery and equipment—ladders, harnesses, scaffolding, forklifts, cranes, and other tools—all designed to protect workers from high-risk injuries. However, when this equipment is modified intentionally or unintentionally, its safety features can become compromised. Here are some scenarios where this might occur:
- Shortcuts for Efficiency: Employers or site managers may modify equipment to boost productivity. For example, they might remove certain safeguards on machinery to increase speed or capacity. However, these adjustments often overlook critical safety concerns, putting workers at risk of injury.
- Improvised Repairs: On construction sites, equipment that breaks down is sometimes repaired on the spot using parts that may not meet the original manufacturer’s safety standards. Although this may be done to avoid project delays, these quick fixes can lead to dangerous situations.
- Faulty Safety Protocols: At times, supervisors may alter or ignore safety protocols, instructing workers to use equipment differently or without proper precautions to save time or resources. Workers might be unaware of these modifications or feel pressured to comply, which increases their risk of severe injuries.
- Worker-Instructed Modifications: Occasionally, workers themselves are told to adjust the equipment without being fully informed of the potential dangers. They might not realize these modifications could lead to malfunction or injury.
While modifications might be made to increase efficiency, these actions often violate safety regulations, putting workers in harm’s way. For example, removing a guardrail on scaffolding to enable easier access can lead to fatal falls, a tragic but common type of construction site accident.
Types of Injuries Linked to Modified Construction Equipment
When safety equipment fails due to unauthorized modifications, the injuries can be catastrophic, sometimes even fatal. Here are some of the common types of injuries we see in construction accidents involving modified equipment:
- Traumatic Brain Injuries (TBI): A helmet that has been altered or is no longer structurally sound due to modification may fail to protect against head injuries in the event of a fall or a struck-by accident.
- Spinal Cord Injuries: Falls from scaffolding or ladders, especially when safety restraints or guardrails are compromised, can result in life-changing spinal injuries.
- Broken Bones and Fractures: Malfunctioning equipment, such as modified lifts or cranes, can lead to crushing injuries or falls that break bones and require long-term rehabilitation.
- Internal Injuries and Organ Damage: If heavy machinery is altered, the risk of crushing or blunt force trauma increases, which can cause serious internal injuries.
- Wrongful Death: Tragically, some accidents result in the loss of life. If equipment fails entirely or collapses due to unauthorized changes, the consequences can be fatal, leaving families devastated and searching for justice.
If you or someone you love has been injured—or worse—in a construction accident involving modified equipment, seeking the help of an experienced personal injury attorney can be essential in protecting your rights.
Why Hiring a Construction Accident Attorney is Crucial
Construction accident claims are complex, especially when modified equipment is involved. A personal injury lawyer with experience handling construction accident claims is a valuable advocate. At The Perecman Firm, our lawyers are familiar with the regulations around the construction industry, including state and federal regulations, and know what to look for when workers are injured on a job site. Some things a lawyer handles in building your personal injury case include:
Establishing Liability
Construction accidents involving equipment modifications can involve multiple parties. A skilled construction accident lawyer can investigate to determine whether the employer, site manager, equipment manufacturer, or another third party is responsible. This step is essential to building a solid claim and securing compensation.
Handling Complicated Evidence
Construction accident cases require a thorough investigation to collect evidence, such as maintenance records, safety logs, and witness statements. A lawyer with experience in construction accidents will have the resources and knowledge needed to access this evidence and use it effectively to support your claim.
Navigating Safety Regulations and Violations
Both New York state laws and federal regulations, such as those from OSHA (Occupational Safety and Health Administration), impose strict safety standards on construction sites. If safety equipment modifications violate these regulations, it could strengthen your claim. An attorney familiar with these regulations can demonstrate how these violations contributed to the accident.
Protecting Your Right to Fair Compensation
Insurance companies may try to downplay the severity of your injuries or even shift blame to avoid paying full compensation. By working with a lawyer, you have someone on your side who is focused on securing the financial support you need for medical bills, lost income, and other damages.
Why Is Safety Equipment Modified on Construction Sites?
Modified equipment on construction sites often results from cost-cutting decisions or an attempt to improve efficiency. Here’s a closer look at the different ways safety equipment might be altered:
- Who Modifies Equipment? Site managers, supervisors, or even contractors might alter equipment to fit their project’s immediate needs. Sometimes, equipment is even modified by external maintenance crews who may not have the same safety priorities.
- Why Are Modifications Made? Modifications are often intended to make the equipment “more efficient” or to save time, especially under tight deadlines. Unfortunately, this approach compromises the equipment’s original safety design, leading to accidents that could otherwise have been prevented.
- Would Workers Realize? In many cases, workers may not even know that the equipment they rely on has been modified. In other cases, they may be instructed to alter equipment themselves, potentially unaware of the safety risks involved.
The issue of equipment modification is far-reaching and can significantly impact a worker’s ability to operate safely. If you’re facing injuries from an accident involving modified equipment, you need an advocate who understands the complexities involved and will fight to make things right.
What Type of Claim May Be Filed for Injuries from Modified Equipment?
When injuries occur due to modified equipment on a construction site, different types of claims may be available, depending on who is responsible for the modification and the specific circumstances of the accident. Here’s an overview of the most common claims that may be filed:
Workers’ Compensation Claim
Workers’ compensation provides benefits to workers injured on the job, covering medical expenses, a portion of lost wages, and, in some cases, vocational rehabilitation. In New York, workers’ compensation is generally available regardless of who caused the accident, which means you’re eligible for benefits even if a supervisor or coworker modified the equipment and caused your injury. However, workers’ compensation typically does not cover non-economic damages like pain and suffering.
Third-Party Personal Injury Claim
In cases where a third party (someone other than your employer or a coworker) modified the equipment, you may be eligible to file a personal injury claim against that party. Common third-party defendants might include:
- Equipment Manufacturers: If the manufacturer modified the equipment or was defective in a way that encouraged unsafe modifications, the manufacturer might be liable for the resulting injuries.
- Contractors or Subcontractors: Other companies on the site may have altered or repaired equipment, creating a hazardous situation. Filing a claim against these third parties allows you to seek additional compensation beyond workers’ compensation.
- Maintenance Companies: If an external maintenance team serviced the equipment and modified it in violation of safety standards, they may bear liability for the injury.
In cases involving modified safety equipment, third-party claims may provide additional avenues for compensation. If a party outside your employer modified the equipment, such as an equipment manufacturer or subcontractor, you may have grounds for a claim against them. Pursuing third-party claims may provide:
- Multiple Avenues for Compensation: By filing a third-party claim, you may be able to recover compensation beyond what’s available through workers’ compensation, including damages for pain and suffering.
- Accountability for All Responsible Parties: Holding all parties accountable, including those who contributed indirectly, helps ensure that safety standards are upheld. It also provides critical financial support for your recovery.
Your construction accident lawyer can identify potential third-party defendants, negotiate with their insurance companies, and prepare your case for trial if necessary.
Product Liability Claim
In situations where equipment was modified using defective or unsafe replacement parts, a product liability claim may be appropriate. Product liability cases often involve defective parts or equipment that make the job site less safe. This type of claim allows you to hold the manufacturer or distributor accountable for providing unsafe products.
- Design Defects: A product liability claim may be filed if a piece of equipment’s design encourages unsafe modifications or fails to meet safety standards.
- Manufacturing Defects: Equipment parts that break down easily or malfunction due to a manufacturing flaw may contribute to injuries. In such cases, a claim against the manufacturer may be warranted.
- Failure to Warn: If the equipment’s instructions do not adequately warn about the dangers of certain modifications, a product liability claim based on insufficient labeling or warnings could result.
Negligence Claim Based on New York Labor Law
New York’s Labor Laws Sections 200, 240, and 241 protect construction workers by holding contractors and property owners responsible for maintaining safe working conditions. In cases where a contractor or property owner permitted or ignored equipment modifications that endangered workers, they may be liable under these laws. Here’s how the different sections might apply:
- Labor Law Section 200: This section mandates general safety in the workplace. It allows for claims when an owner or contractor knew—or should have known—about unsafe conditions, including equipment modifications, and failed to correct them.
- Labor Law Section 240 (Scaffold Law): This section requires adequate safety measures for workers at heights. If modified equipment, such as altered scaffolding or guardrails, leads to an injury, a claim under this law may help hold responsible parties accountable.
- Labor Law Section 241: This section imposes specific safety requirements on construction sites, and violations can support a claim if modified equipment contributes to hazardous conditions.
These New York laws provide additional protection, allowing injured workers to seek compensation directly from those responsible for unsafe work environments.
Negligence Based on OSHA Violations
Federal OSHA standards also govern construction site safety. Modifying safety equipment generally violates OSHA guidelines, which could strengthen your case by demonstrating that your accident was caused by negligence. Violations of OSHA regulations indicate that your employer or a third party disregarded mandatory safety rules, placing you and other workers at risk.
Each type of claim provides different avenues for compensation, allowing injured workers to pursue the full scope of damages they deserve. Third-party claims, product liability claims, and negligence claims provide the chance to pursue additional compensation, including pain and suffering, which can significantly affect the support available for recovery.
The Perecman Firm’s construction lawyers in New York City, Queens, and Long Island have the experience to evaluate your case and determine which claims are applicable. Our goal is to help you secure comprehensive compensation to support your recovery and future well-being.
Contact The Perecman Firm for Help After a Construction Accident
If you or someone you love has suffered due to modified equipment on a construction site, The Perecman Firm is here to help. We understand the legal challenges of construction accident cases and know the emotional and physical toll these incidents take on workers and their families.
We offer a free consultation to help you explore your options and determine the best course of action for achieving justice and financial security. Our team will handle every step of the process, from gathering evidence and establishing liability to negotiating with insurance companies and, if necessary, presenting your case in court.
The Perecman Firm is committed to holding those who compromise worker safety accountable. Our Bronx personal injury lawyers have the experience, dedication, and compassion to pursue justice and secure the maximum compensation you deserve. We’re here for you when it matters most.
Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Long Island office in Jericho at 516-268-0130. You can also contact us online.