Construction sites are inherently dangerous – so dangerous that the Occupational Safety and Health Administration (OSHA) has found that the construction industry has more workplace deaths per year than any other industry. Heavy machinery and construction equipment plays a part in many of the deadly construction site accidents. But most of these accidents are preventable if proper precautions are followed.
If you are facing the uphill battle of recovering from a serious construction machinery accident, you need a knowledgeable advocate on your side to help you navigate the process. The attorneys at Aronova & Associates offer seasoned guidance, whether you were injured in New York City, Long Island, or in Nassau County.
Heavy machinery accidents usually do not just happen – more often, someone was careless or there was a flaw with the equipment. Factors include:
Equipment was not designed safelyMachinery has not been routinely maintainedWorkers are not properly trained and/or supervisedWorkers do not operate the machinery properlyEquipment does not display proper safety warningsThese factors can lead to serious, and even fatal accidents through:
Misused vehiclesFailed machinery, including failing compressed air lines, hydraulic pumps, or cablesImproper use of safety equipmentOperator errorGetting body parts, jewelry, and clothing caught in machineryNearly any type of construction equipment can fail or be misused, leading to an accident. Some of the common construction machinery accidents include:
Bulldozers, cranes and backhoesScaffolds and hoistsForkliftsPower tools including nail guns and pneumatic tools, band saws, belt sanders, and power sawsAir compressorsPropane heatersConstruction machinery accidents often leave victims with severe, disabling, and permanent physical harm. Some of the more common injuries include:
AmputationsHead injuriesElectrocutions and electrical shockEye injuriesBurnsShrapnel injuriesWorkers’ compensation, the mandatory no-fault insurance system into which employers pay, provides certain benefits for those injured on the job. Worker’s comp will provide:
Payment for medical treatmentDisability paymentsPartial reimbursement of lost wagesWrongful death benefitsIn the case of a serious injury, these benefits may not be enough. In certain cases, an injured worker may be eligible to file a personal injury lawsuit. It is helpful to speak with a lawyer at Aronova & Associates who specializes in workplace injuries so that you can be informed of your rights, weigh your options thoroughly, and be sure to meet all procedural obligations.
For a workers’ compensation claim, you do not need to prove fault in order to recover benefits. However, your benefits will be limited.
In the case of serious injury warranting a lawsuit, a claimant needs to be able to establish fault. This typically means being able to show that the construction site’s owner, contractor, or agent was to blame by violating a labor or safety regulation.
Unlike a workers’ compensation claim, in a lawsuit the worker’s own action is a factor. Know that even if you were negligent, it does not prevent you from filing a lawsuit but it may lead to a reduced award. It is wise to speak with a construction accident lawyer to understand what role this may play in your case.
Be sure you understand your rights and do not settle for less than you deserve. Call a NY construction accident lawyer at Aronova & Associates to set up a free confidential case review. We will advocate fiercely on your behalf and are dedicated to securing the best possible outcome for clients.
Construction accidents can involve many different laws, parties, and moving parts. We’re here to help injured workers and their families sort through the complexities and understand their rights. Get answers to your most urgent questions.
Aronova & Associates is a firm for all New Yorkers. Our services are available in multiple languages and tailored to the needs of every client. The first step in providing you with the help you need is a free consultation to discuss your case. When you’re ready to talk, we’re ready to get to work for you.
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