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According to Injury Facts, object- and equipment-related accidents are the third leading cause of workplace fatalities in the U.S. Human error, faulty mechanics, and unpredictable circumstances can make heavy equipment fatal.
If you suffer an injury while handling equipment or machinery at work on a construction site, consult a heavy equipment accident lawyer. A construction accident attorney can help you determine who’s responsible for compensating you and what you can expect your settlement to cover.
Based on NYC.gov data, the total number of injured construction workers amounts to under 1% of all construction industry employees in NYC. Nevertheless, when you consider that hundreds of thousands of employees work on construction sites across the city, this number translates to many accidents. Heavy equipment and machinery often play a part in accidents like:
Heavy equipment accidents may cause fractures, burns, amputations, and other serious injuries. Injured employees often find themselves unable to work or find a new occupation outside the construction industry. If this happens to you, talk to a construction injury lawyer in NYC to understand your compensation options.
If you suffered a heavy equipment accident on the job, your first pathway to reimbursement will be through a workers’ compensation claim. If your condition is severe enough, you may also qualify for disability benefits. Finally, in some situations, a heavy equipment accident lawyer can help injured workers file a third-party claim or lawsuit against someone who isn’t their employer.
Workers’ compensation in NY usually covers:
If you suffered a long-term injury with effects that will probably last a year or longer, you may be able to claim disability benefits. The amount of disability benefits depends on your percentage of disability. If you are permanently disabled, you can continue collecting disability benefits with no time limit.
You’d usually apply for disability benefits once you reach Maximum Medical Improvement (MMI). At this point, your recovery plateaus, and your healthcare provider estimates that your condition won’t improve any further. Talk to a construction accident attorney in NYC for guidance on claiming disability benefits.
Although heavy equipment and machinery accidents typically happen on work sites, other parties besides the employer may share responsibility. For example, maybe your accident happened because of a faulty equipment part or because a subcontractor neglected standard maintenance. In this case, you may be able to sue the at-fault party in addition to filing a workers’ compensation claim.
Unlike a workers’ compensation claim, a third-party suit may allow you to seek compensation for pain and suffering rather than material losses. However, you must prove that the at-fault party’s negligence or carelessness led to your accident. An experienced job site accident lawyer can look into your case and tell you whether you might sue anyone other than your employer.
As a rule, workers’ compensation covers employees, not independent contractors. Many construction companies list laborers as independent contractors to avoid providing workers’ compensation coverage.
However, not all 1099 workers are independent contractors for workers’ compensation purposes. Independent contractors must meet certain criteria, like the freedom to set their own schedule, work on their terms, and serve multiple businesses. Independent contractors also usually provide their own equipment and supplies.
If your employer controls your work and schedule, and/or you work for them exclusively, you may still be able to claim workers’ compensation. Consult a heavy equipment accident lawyer to learn how workers’ compensation laws apply to you.
Following a heavy equipment or machinery accident, you should:
According to a 2022 report by the New York Committee for Occupational Safety and Health (NYCOSH), construction site fatalities account for 24% of all worker deaths in NY. That’s slightly higher than the national average of 21%.
If an employee passes away from a heavy equipment accident or another type of construction site injury, their spouse, children under 18, and possibly other dependents may claim weekly cash payouts. These benefits amount to two-thirds of the deceased worker’s average weekly salary in the year leading up to the accident.
Workers’ compensation in NY also covers funeral and burial costs up to a specific sum that differs by county, generally $10,500 or $12,500.
Regardless of the different causes of heavy equipment accidents at construction sites in NYC, this type of accident can cause devastating injuries. If you’re dealing with a difficult recovery and hefty medical bills, contact us at William Schwitzer & Associates to talk to an industrial machinery injury lawyer. Our skilled, dedicated legal team will defend your rights throughout your claim or lawsuit.
Call (212) 683-3800 or contact us through our site for a free case evaluation by a heavy equipment accident lawyer in NYC.
For a standard personal injury lawsuit, the timeframe in NY is three years from the accident. However, if you’re filing a workers’ compensation claim, you must notify your employer within 30 days of the accident. Cases involving government entities have shorter timeframes, so make sure you consult a heavy machinery accident attorney ASAP.
Unfortunately, no. Heavy equipment injury claims after worksite accidents go through the workers’ compensation system, which operates on a no-fault basis. However, you may be able to file a negligence-based lawsuit against another party who was responsible for your accident, like a worksite owner or manufacturer.
While you have the right to handle your claim, it’s better to work with a lawyer if you suffer serious injuries. A worksite injury lawyer can almost always help you negotiate better compensation.
If your employer’s workers’ compensation insurance provider refuses to settle your claim, you can appeal the decision through the New York Workers’ Compensation Board. If the initial appeal fails, you can escalate your case to the Appellate Division and the Court of Appeals. An experienced heavy equipment accident lawyer can guide you through this process.
