Liability for Construction Equipment Accidents

Construction workers and others who spend time in and around construction sites are often at risk of serious injury, especially from dangerous construction equipment accidents. Liability for a dangerous construction machinery accident depends on the cause of the accident, who owns the machine, and your relationship to the owner. In some cases, the liable party may be your employer, a subcontractor, or even the machine manufacturer.

Your Employer Causes the Injuries

When your injuries occur due to your employer’s negligence, you will likely only be able to recover workers’ compensation. This makes it difficult to get all of the money you need to cover your injuries, if they are severe.

However, under New York State Labor Law § 241, if your employer violated certain safety codes, you might be able to hold him or her liable. We can determine whether your case meets the specifications.

A Third Party Causes the Accident

Often, there is more than one employer working on a construction site at the same time. If one of these parties is liable for your injuries, you can file a claim for compensation.

This might be the case if a negligent contractor from another firm hits you with a crane arm or crushes you or a loved one with a wheel loader.

You might also be able to hold a third party liable under Labor Law § 241.

A Defective Machine Causes Your Injuries

In some cases, the machine itself has a defect or problem that causes an accident. Defects in construction machinery can occur in many ways, including:

• Poor materials
• Problems in the manufacturing process
• Missing labels or warnings
• Insufficient directions for use
• Lack of maintenance

When a defect in the machinery causes an accident and your injuries, you can file a third-party claim against the designer, manufacturer, or distributor responsible for the defects.

Identifying the liable party in a defective machine case requires identifying how the defect occurred. This is often difficult, but we can help you gather all the necessary evidence and analyze the possibilities. We also work with expert witnesses who can help us better understand the process of designing and manufacturing heavy machinery and how the defect could have occurred.

Goldstein & Bashner: Long Island Construction Accident Attorneys

If you suffer injuries due to dangerous construction machinery, the first thing you need to do is notify the property owner and get medical care. Make sure you document all your injuries, and write down as much information as you can about the accident.

As soon as your health stabilizes, give us a call. At Goldstein & Bashner, we can help you determine who is liable for your construction accident. We will explain all your legal options, and help you pursue the one that works best for you. Call us today at 516-874-4362 to schedule your free case evaluation with a construction accident attorney.