Working with heavy machinery exposes you to risks that the average worker doesn’t face in their typical workday. Whether you work in construction or manufacturing, you need to exercise the utmost caution when using forklifts and other heavy equipment. But even with the best planning and care, you may still quickly become injured in an accident.
A construction accident attorney in New York can inform you about your rights following a heavy equipment accident, whether you want to pursue a workers’ compensation claim or file a lawsuit against a liable party. Below, learn what you need to know about pursuing compensation.
Common Causes of Heavy Equipment Accidents on Job Sites
Construction sites, manufacturing facilities, and other industries that use heavy machinery must follow strict protocols to mitigate risks and protect workers against injuries. In New York, Labor Law 241 requires owners and contractors to provide reasonable protection for areas in which construction, excavation, and demolition work are being performed.
One stipulation under workplace equipment accident laws in New York is that dangerous machinery must be equipped with proper safety guards. When a construction site fails to follow New York’s Industrial Code, and an injury occurs as a result, the injured worker may be able to bring a claim against the owner or contractor responsible.
Lack of safety guards is just one cause of heavy equipment accidents. These incidents can also occur due to:
- Operator error: A forklift operator may have failed to check blind spots or been distracted, causing them to strike another worker. In the construction industry, OSHA reports that approximately 75% of struck-by fatalities involve heavy equipment.
- Mechanical failure: Maintenance is crucial to keep heavy machinery working as it should. Malfunctions can occur when equipment is not properly maintained, with issues ranging from brake failures to hydraulic leaks.
- Miscommunication: Workers need to effectively communicate when using dangerous machinery to prevent other workers from entering the path of the machinery.
- Exceeding load capacity: Carrying an unsafe load can lead to rollovers or tip-overs, injuring the equipment operators and those in the path of the equipment.
- Fatigue: When workers are required to work long shifts with few breaks, their fatigue can interfere with reaction times and decision making, increasing the risk of accidents.
An NYC Buildings report found that approximately 31 incidents leading to injury or fatality in the construction industry involved mechanical construction equipment, accounting for approximately 8% of all injuries.
Who Is Liable for a Forklift Accident?
Exploring your legal rights after forklift and equipment injuries can help you understand how to proceed. First, work with a construction injury lawyer in NYC to understand whether a certain party was liable for your accident.
In New York, you generally cannot hold an employer liable for on-the-job injuries. Instead, you could seek compensation through the no-fault workers’ compensation system.
But other parties may have been liable for your accident, and you may have the right to pursue a third-party injury lawsuit. Potential liable parties may include:
- Manufacturer: If the accident occurred due to an equipment malfunction, the manufacturer may be negligent under product liability laws. Manufacturers are often strictly liable for accidents that occur due to equipment defects.
- Third-party contractor: If a contractor not employed by your company was responsible for the accident, you may be eligible to pursue legal action against them.
- Maintenance provider: A third-party maintenance provider may be liable if the accident occurred due to improper servicing.
- Forklift operator: While you generally cannot pursue legal action against a coworker for an injury they technically caused, you may be able to hold the forklift operator liable if they intentionally caused you harm or were acting with extreme recklessness.
Seeking Damages in a Heavy Equipment Workplace Injury Lawsuit
If your attorney has advised you to pursue an injury lawsuit, you may be able to seek both economic and non-economic damages to compensate you for the burden this incident has placed on your life.
Economic damages would account for the expenses you incurred from the accident, such as:
- Medical bills
- Lost wages
- Loss of earning capacity
In some cases, you can first seek reimbursement for certain expenses through a workers’ compensation claim, then pursue additional damages through a third-party lawsuit.
Legal action would also open up the opportunity to pursue non-economic damages, such as:
- Pain and suffering
- Loss of quality of life
- Emotional distress
- Mental anguish
Seek Assistance Pursuing Legal Action After a Heavy Equipment Accident
If you are exploring your rights after a heavy equipment accident in New York, consider working with an experienced workplace injury attorney. At Dervishi Law Group, P.C., we help injured workers understand and protect their rights.
Learn more about hiring a construction accident lawyer and whether this could be helpful in your case. For a free case evaluation, contact us today at 718-484-4757.
Frequently Asked Questions
What types of heavy equipment are more frequently involved in accidents?
All types of heavy equipment can cause serious accidents, but some are involved in workplace incidents more frequently, including forklifts, cranes, backhoes and loaders, excavators, and dump trucks.
Do you need an attorney after a forklift accident?
You may benefit from hiring an attorney after a forklift accident or other construction machinery incident. Legal counsel can provide guidance to help you protect your rights and potentially pursue compensation for your injuries. They can also handle the compensation process for you while you focus on your recovery.
Can you still seek compensation after a forklift accident if no one was technically liable?
Yes, in New York, you can file a workers’ compensation claim after a heavy equipment accident if no one was liable, or even if you were technically responsible for your own accident. Workers’ compensation is a no-fault system, meaning you likely qualify as long as your injury happened while you were performing your job duties. This benefit can provide you with reimbursement for medical expenses and up to two-thirds of your lost wages if you are off work recovering for more than 14 days.
