Long Island Machinery Accidents Lawyer
Being a construction worker can involve the use of many different kinds of heavy and dangerous machinery that carry an increased risk of injury and, in some cases, even death. When the negligence of another person or entity causes an accident of this nature, the injured party may be able to recover damages for their losses. If you are injured in a machinery accident on a construction site, make sure to contact a Long Island machinery accidents lawyer as soon as possible to begin the process of seeking compensation.
Types of Machinery Accidents
Machinery accidents can include incidents with the many different kinds of construction equipment, including but not limited to:
- Saw equipment
As a result of accidents with these pieces of equipment, workers may experience loss of limb, broken bones, burns, hemorrhaging, and permanent nerve damage. These injuries are serious and can entitle the injured worker to significant compensation that a local machinery accident lawyer could help them obtain.
Kinds of Damages Available for Compensation
When a person has been injured because of negligence on the part of their employer, co-employee, or another responsible party, they may be entitled to receive compensation from whoever caused their accident. In New York, there are two primary kinds of damages available to pursue.
The first and more easily quantifiable kind of damage is economic. Fairly objective in nature, economic damages include harms that have a direct monetary value. Examples of these damages include medical bills, the cost of replacing or repairing damaged property, and even lost wages as a result of the injury.
Non-economic damages include harms that are more subjective in nature and are not readily quantifiable. For example, pain and suffering, loss of consortium with a spouse, loss of enjoyment in life, or the psychological impact of becoming maimed or disfigured can be considered non-economic damages.
For help determining the kinds of damages that they have suffered, and to ensure that the maximum amount of damages is calculated, it may be beneficial for an injured person to contact an attorney in the area who is experienced in machinery accident cases.
When to Pursue Workers’ Compensation Claims
When an accident occurs as the result of a workers’ normal job function on the construction site, they may be able to apply for a Workers’ Compensation claim according to Section 50 of the Workers’ Compensation article of New York law. This statute is designed to cover lost wages while the worker is unable to work, including permanent disability insurance in cases in which the worker becomes permanently disabled.
Some machinery accidents may involve serious negligence on the part of the employer. In those cases, it is best to pursue a personal injury case against the employer, since Workers’ Compensation claims often amount to less than claims involving negligence.
Dealing with a Third Party
There are some instances in which New York law allows for the suing of third parties other than employers and co-employees. Such third-party claims can include suits against subcontractors, architects, machinery suppliers, and engineers.
However, there are limitations on this kind of lawsuit. In order to sue a separate entity, that individual or company must have direct responsibility over the issues in question. This means that an architect who is solely in charge of designing a building and not in charge of the day-to-day running of the worksite cannot be sued for damages.
A nearby machinery accidents lawyer may have experience with third-party lawsuits, and an injured person should contact them to explore the choices available in their case.
Talk to a Long Island Machinery Accidents Attorney Today
If you are injured on the job site from contact with heavy machinery, consult with a Long Island machinery accidents lawyer as soon as possible. They may be able to help you gather evidence for your claim, talk to eyewitnesses, bring in expert witnesses for testimony on non-economic damages, and navigate the local court system.
Do not hesitate to enlist legal representation, as it may afford you and your family the best chance for maximum compensation. Call today to schedule a consultation.