Machinery Accidents on Construction Sites
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.
Causes of heavy machinery accidents
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 safely
- Machinery has not been routinely maintained
- Workers are not properly trained and/or supervised
- Workers do not operate the machinery properly
- Equipment does not display proper safety warnings
These factors can lead to serious, and even fatal accidents through:
- Misused vehicles
- Failed machinery, including failing compressed air lines, hydraulic pumps, or cables
- Improper use of safety equipment
- Operator error
- Getting body parts, jewelry, and clothing caught in machinery
Machinery and equipment involved in construction accidents
Nearly 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 backhoes
- Scaffolds and hoists
- Power tools including nail guns and pneumatic tools, band saws, belt sanders, and power saws
- Air compressors
- Propane heaters
Common injuries in heavy equipment accidents
Construction machinery accidents often leave victims with severe, disabling, and permanent physical harm. Some of the more common injuries include:
- Head injuries
- Electrocutions and electrical shock
- Eye injuries
- Shrapnel injuries
Does workers’ comp cover a construction machinery accident?
Workers’ 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 treatment
- Disability payments
- Partial reimbursement of lost wages
- Wrongful death benefits
In 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.
What you need to prove to win a case?
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.
How a New York construction accident lawyer can help
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.
Additional construction machinery accident resources:
- United States Department of Labor Bureau of Labor Statistics, Injuries, Illnesses, and Fatalities, https://www.bls.gov/iif/home.htm
- Industrial Safety & Hygiene News, 10 most common construction site injuries, http://www.ishn.com/articles/101859-most-common-construction-site-injuries
- United States Department of Labor, Worker Safety Series: Construction, https://www.osha.gov/Publications/OSHA3252/3252.html