Heavy Equipment

You might be entitled to compensation if you were injured in an accident involving heavy machinery or construction equipment. However, seeking this compensation will be easier – and more likely to be successful – with an experienced accident attorney to handle the process. 

The Perecman Firm, P.L.L.C., has the legal team you need to pursue maximum compensation after a heavy machinery accident. We have secured more than half a billion dollars in compensation on behalf of clients like you and look forward to putting our considerable experience and resources to work on your case.

Contact The Perecman Firm, today for a free consultation with one of our New York City heavy equipment accident attorneys. Let us fight for you.

Types and Causes of New York Heavy Machinery Accidents

Industries that involve heavy machinery, such as construction, manufacturing, trade, transportation, utilities, and mining, account for a tremendous number of injuries each year.

According to the U.S. Bureau of Labor Statistics, private industry employers in New York reported 129,000 workplace injuries and illnesses in a single recent year, including 90,100 severe injuries that required days away from work or working accommodations. 

Many types of heavy machinery accidents occur in New York City, including:

• Strikes from falling or flying objects
• Falls from heights
• Electrocution
• Fires and explosions
• Being pinned by or stuck in equipment
• Being crushed by equipment

These accidents are often the result of carelessness, recklessness, or some other negligence on the part of another worker, supervisor, employer, or manufacturer.

Common causes of heavy machinery accidents in NYC include:

• Improper use or operation of machinery
• Improper, inadequate, or ignored machinery maintenance
• Unstable grounding for equipment
• Untrained or inexperienced workers
• Inadequate supervision
• Distracted workers or supervisors
• Fatigued workers
• Drunk or drugged workers
• Lack of communication between workers
• Lax safety standards
• Equipment malfunction or defect
• Unsafe weather conditions

What Compensation Can I Recover for a Construction Accident in NYC?

If you were injured in a heavy equipment accident at an NYC construction site, you could have several options for recovering compensation.

Almost all New York employers must carry workers’ compensation coverage for their employees. Workers’ comp provides benefits to workers who are injured on the job, regardless of who is at fault for the accident.

Workers’ comp benefits cover:

• Medical care, including surgery, medications, assistive devices, and transportation costs to medical appointments
• A portion of your lost wages, based on your percentage of disability, if you are unable to work for more than seven days

If your disability prevents you from returning to work for at least a year, you may be entitled to Social Security disability benefits. Social Security Disability Insurance (SSDI) is a federal program that provides monthly disability benefits to workers who have paid into the Social Security system through payroll taxes. The government bases your monthly benefit amount on your average lifetime earnings. Your ability to get SSD benefits will depend on your age, injuries, and level of disability.

If your accident happened on a construction site, or a third party’s negligence contributed to the accident, you might be able to file a personal injury lawsuit. Generally speaking, a third party is anyone other than your employer and their employees.

Through a personal injury lawsuit, you may be able to recover compensation for the following:

What Kinds of Injuries Are Commonly Caused by Heavy Equipment?

Heavy equipment accidents frequently result in severe injuries, such as:

Who Can Be Held Liable After a Heavy Equipment Accident at a Construction Site in New York?

While workers’ compensation generally prevents you from suing your employer, there are certain circumstances where you could have grounds for a lawsuit against them or other parties. The following entities could be held liable for a heavy equipment accident:

• General contractors and site owners – New York has special laws that allow certain workers engaged in construction activities to bring lawsuits against the general contractor and worksite owners. The contractors and owners can be sued even if the accident was the fault of the injured worker’s employer. For heavy machinery accidents, this can apply when machinery falls on a worker, when it is broken and not maintained or operated in a safe manner, and when the employer fails to provide “reasonable and adequate protection to the lives, health and safety of all persons employed therein” as required by Labor Law 200. 
• Subcontractors and other workers – If negligence on the part of a worker unaffiliated with your employer – such as a subcontractor – contributed to the accident, they might be liable for your injuries. Suppose a subcontractor was drunk at work and unable to properly operate a piece of heavy machinery. If their negligence results in an accident, you may be able to sue them for compensation for your injuries.
• Equipment manufacturer – If an equipment malfunction or defect results in an accident, the company that manufactured the equipment may be liable for resulting injuries.

What Can You Do If You Are Injured While Working on a Construction Site?

If you were injured on a construction site, you should take immediate action to protect your health and rights. If it is at all possible, you should:

• Get medical attention. Even if your injuries initially seem minor, it is prudent to see a medical professional to ensure you are okay. Some injuries can worsen quickly without proper treatment. Furthermore, you will need a record of your medical examination to seek compensation or benefits.
• Inform your employer. As soon as possible, inform your employer in writing about the accident, including when, where, and how it occurred and what injuries you sustained. If you wait longer than 30 days to inform your employer in writing of the accident, you risk losing your workers’ compensation benefits.
• Contact a heavy equipment accident attorney. You should contact our experienced accident attorneys, who have represented victims of heavy machinery accidents. We can advise you on your legal options for compensation and guide you through the claims process.

How Our Lawyers Help People Hurt in New York City Heavy Equipment Accidents

If you’ve been injured in a heavy equipment accident in New York City, you could be entitled to compensation from a number of sources. Getting this compensation is often easier said than done. That’s where The Perecman Firm, can help. We understand the unique challenges you’re facing and how to address them.

Our New York heavy machinery accident lawyers can help with the following:

• Investigating the accident
• Collecting evidence and documentation
• Identifying avenues for pursuing compensation
• Consulting with experts to fully quantify your needs
• Preparing your worker’s comp claim or personal injury claim
• Negotiating with insurance companies
• Fighting for your needs and interests at trial, if necessary

Contact a Heavy Equipment Accident Attorney in NYC

If you were injured in an accident involving heavy equipment, the NYC heavy equipment accident lawyers at The Perecman Firm, are ready to fight for your right to compensation from your employer or a liable third party. 

Contact us today for a free consultation to learn more about how we can help you recover the money you need during this difficult time.