Construction Accidents with Dangerous Machinery
The construction accident attorneys at the Jesse Minc Law Group dedicate their law practice to helping people injured in construction accidents – many of which involve injuries caused by dangerous machinery – pursue compensation from those responsible. The law in New York requires that owners and general contractors on job sites (and, occasionally, sub-contractors as well) ensure that the machinery provided to workers on the job is safe and in good working order so that workers can perform their work effectively and safely. However, as anyone who has spent time on a job site can readily attest, safety violations and construction accidents with dangerous machinery abound on Bronx and New York City job sites; often, getting the work done fast is prioritized over getting the work done safely, to the detriment of the health and safety of the workers who put their heart and soul into the work every day that they show up on the job. Our Bronx construction accident lawyers can help you hold those accountable for egregious safety violations responsible if you are hurt on the job due to defective and dangerous machinery by putting special provisions of New York law to work for you in your construction accident lawsuit.
Our construction accident lawyers offer decades of combined legal experience and provide comprehensive, personalized representation to all of our clients. If we accept your case into our firm, it is because we believe in your right to compensation, and because we believe that your case is important. We understand the key points – both legal, and with respect to how serious construction injuries affect the lives of injured tradesmen – to prove and common disputed issues in these cases, and we know the tactics that workers’ compensation insurers, liability insurers and defense lawyers will use to try to limit claims, no matter how meritorious the claim or how egregiously negligent the defendant may have been. Our attorneys take the time to understand each person’s unique individual circumstances and craft an approach that meets their needs.
Accidents are an unfortunate part of working on a construction site. Whether it is a slip and fall, a fall from an elevated working area or an injury from falling debris, mishaps can and do happen. Most often, serious injuries are caused by violations of safety standards to which every owner and general contractor on every New York job site is legally required to adhere. Many types of dangerous machinery, such as cranes, bulldozers, backhoes, saws, and nail guns, bring with them an inherent risk of potential injury for people operating the equipment and anyone in the area. For this reason, the law in New York has been organized to hold owners and general contractors of job sites – those in the best position to ensure worker safety – responsible to provide safe and proper equipment for workers so that jobs can get done right and in a safe manner.
Our construction accident attorneys obtained a settlement of $3.2 million for a worker who lost several fingers on his dominant hand due to an unsafe cement mixer. This case provides a good example of how the New York Labor Law can be used to obtain compensation for workers injured on the job due to dangerous and improper machinery. In that case, the defendants – the owner and general contractor on the job site, which was a rehab and gut renovation of a building in New York City – provided the plaintiff with a cement mixer that was old and decrepit. To use the cement mixer, the plaintiff had to stick his fingers into the machine to clean out the grooves inside the mixer after using it; they failed to provide him with a brush, which would have allowed him to clean out the mixer safely and without risking the loss of his fingers. His boss required him to clean the mixer while its motor was turned on (though out of gear), as turning the motor off completely would have caused the work to take longer than his boss wanted it to take. While he was cleaning the mixer, with the motor turned on at his boss’s direction, the machine unexpectedly kicked into gear while his fingers were in the grooves (as was necessary to clean it), causing the machine to crush his fingers so badly that they had to be amputated (he lost three fingers totally, and two partially). We were able to prove that this violated Labor Law 241(6), and Rule 23-9.11 of the New York Industrial Code, among other violations of construction safety standards; that these violations caused the plaintiff to lose his fingers; and that his damages totaled $3.2 million.Pursuing Compensation for Construction Accidents with Dangerous Machinery
The good news for a person injured in a construction site accident is that they have the right to seek compensation for their harm from potentially several different parties. These may include the construction company operating on the site and potentially the property owner. The money damages typically available in construction accident cases include compensation for medical bills, missed wages due to time away from work, and any reduction in your future earning capacity as a result of your injuries. Additional damages are also usually available for pain, suffering, and emotional distress.
To pursue these legal remedies, our Bronx attorneys can help you file a lawsuit against a construction contractor or another entity. The New York Labor Law requires construction companies to maintain job sites in a reasonably safe condition. The law also requires builders to provide specific safety equipment for people working at elevation and people performing other specific jobs like excavation and demolition work. A company that does not live up to that responsibility is liable for any injuries that happen as a result, and we will help you hold them accountable for their negligence.Workers’ Compensation Benefits
Workers’ compensation benefits are also often available for people injured on construction sites. These benefits are designed to compensate a person unable to work due to an illness or injury suffered on the job. Benefits include compensation for at least a portion of your missed wages and any related medical expenses.
Workers’ compensation is a form of insurance. Your employer pays into the system so that benefits are available in the event that you are injured at work. To obtain benefits, you will need to file a claim alleging that your injury or illness “arose out of” your work. That is usually clear in cases in which a person is injured while using machinery on a construction site. You do not need to show that your employer was to blame for the accident. However, the benefits available through workers’ compensation do not cover as many different types of harm and loss as a compensation award or settlement in a personal injury claim.Discuss Your Construction Injury Case with a Bronx Attorney
Our construction injury lawyers have a strong track record of helping people who have been injured at work pursue the compensation that they deserve. We are successful in court or at the negotiating table in more than 95 percent of the cases that we undertake. Our lawyers also limit our cases in order to ensure that each client receives a personalized approach and reliable access to their attorney. We offer free consultations to clients throughout the Greater New York City region, including in Manhattan, Brooklyn, the Bronx, Queens, and Nassau, Suffolk, and Westchester Counties. We usually do not charge a fee in cases arising from construction accidents with dangerous machinery unless we get compensation or benefits for you. Contact us at (718) 354-8000 or online to schedule your free initial consultation. Se habla espanol.