Construction work in New York often involves the use of heavy, cumbersome equipment. One wrong move from you or a coworker could lead to devastating injuries.
If you’ve been hurt while working with large machinery on a construction site, you could use guidance from a heavy equipment accident lawyer. Dervishi Law Group, P.C., can guide you through the compensation process while you focus on your recovery. Contact a construction injury lawyer in New York by calling us today at 718-484-4757.
Even if you don’t work directly with heavy equipment on a construction site, you’re probably exposed to it regularly. One study found that a whopping 79% of construction workers are exposed to heavy equipment on a weekly basis.
Sadly, heavy equipment accidents are very common in New York, as these incidents illustrate:
Our firm can handle all types of heavy equipment accidents in New York, including:
If you wish to file a lawsuit with the help of a heavy equipment accident lawyer, typically, a third party must be liable for the accident. This is because you typically can’t sue your employer in New York if you already accepted workers’ compensation, but you are free to sue any third party that may have caused or contributed to the accident.
Such third parties might include:
To win your heavy equipment accident claim, your construction accident attorney in the Bronx will have to prove that a third party acted negligently. This involves proving the following:
Note that the process is different if you are suing a manufacturer for defective equipment. In a product liability suit, the manufacturer is strictly liable for injuries caused by its faulty products. In this case, you don’t have to prove negligence. Instead, your lawyer must establish that:
There are several types of compensation available to those injured in a construction accident.
Workers’ compensation is your main recourse if you’re hurt in a heavy equipment accident at work. It pays for your lost income and medical expenses while you’re recovering. Workers’ compensation is no-fault, so you don’t have to prove negligence like you would in a lawsuit. The downside is that you typically can’t sue your employer if they offer you these benefits.
If your accident left you disabled and your doctor expects your disability to last for over one year, you may be able to claim disability benefits. A disability benefits attorney can guide you through the application process if you think you’re eligible.
Another option is to file a third-party lawsuit for negligence. This option is only available to you if a third party caused or contributed to your accident. If you file a third-party claim, you can recover both economic and non-economic damages.
Economic damages are expenses such as medical bills, lost wages, property damages, and anything else that has an inherent monetary value. Non-economic damages include mental anguish, pain and suffering, loss of enjoyment of life, and loss of companionship.
Safety hazards on construction sites abound, and heavy equipment accidents are all too common throughout NYC. If you’ve been hurt by heavy machinery, Dervishi Law Group, P.C. is here to help. Call (718) 484-4757 for a free consultation with a heavy equipment accident lawyer.
Have more questions about heavy equipment accidents and liability claims? Find answers here.
Some main causes of heavy equipment deaths include:
Slips, trips, and falls are common construction accidents, accounting for more than 38% of deaths in the construction industry in 2022. Struck-by accidents are common as well, many of which involve heavy equipment. In 2020, struck-by accidents resulted in 150 deaths and 14,000 non-fatal injuries.
It is possible to sue a third party if you’re claiming workers’ compensation benefits. However, if you win your lawsuit, you may have to pay back your workers’ comp benefits out of your settlement. Your attorney can tell you whether or not it’s worth it to file a claim if you’re collecting workers’ comp benefits.
You can file a claim for a construction accident if a third party caused the incident. Third parties include equipment manufacturers, contractors, and maintenance companies — essentially, any party that is not your employer.
If you intend to file a third-party claim, you’re required to do so within three years of the heavy equipment accident (or two years for wrongful death claims). You cannot recover damages after this time. Contact a heavy equipment accident lawyer promptly so you don’t miss the deadline.
Address 1:
2322 Arthur Ave., Suite 3A
Bronx, New York 10458
Address 2:
18 East 41st. Street, 6th Floor
New York, NY. 10017
Office: (718) 484-4757
Cell: (917) 496-8342
Fax: (718) 484-4758
If you have been injured in a scaffold accident, you should retain a New York City Personal Injury Law Firm with experienced New York scaffold accident attorneys to represent you and help protect your rights. At Dervishi law group, P.C., we have our own investigative team and act quickly to gather and preserve evidence.
Call us at (718) 484-4757 or (917) 496-8342 to schedule a free consultation with one of our experienced scaffolding accident attorneys.
