Construction accidents involving heavy machinery, such as cranes, can cause
debilitating injuries and in some cases death. The serious injuries suffered
in heavy machinery accidents often force victims and their families to
face financial hardships. For instance, injured construction workers may
face lost wages due to time missed at work, as well as high medical bills
not covered by insurance. Victims of crane accidents who have suffered
any of the aforementioned financial hardships should seek the counsel of a
construction accident lawyer. The attorneys at
Queller, Fisher, Washor, Fuchs & Kool, understand how difficult the time following a construction accident can
be on victims and their families. Our ultimate goal is to help construction
accident victims and their families get their lives back on track as best
we can. As a result, we are committed to seeking maximum compensation
for all of our clients.
If you or someone you love has suffered an injury or died due to an accident
involving heavy machinery on a construction site, you may be entitled
to compensation. To see how a Queller, Fisher, Washor, Fuchs & Kool
construction accident attorney may be able to help you, please call (212)
contact us online.
Do You Have a Lawsuit?
Under New York Labor Law 241 (6) construction workers who have suffered
an injury due to an accident with heavy machinery while demolishing or
constructing a building may have legal recourse against the general contractor
or owner of the property on which the accident occurred. This law places
the responsibility of maintaining a reasonably safe worksite on owners
and contractors. Owners and general contractors may be vicariously liable
for any violations of regulations that fall within rule 23 of the Industrial
Code. The owner and general contractor do not necessarily have to be present
to have liability; they may be held liable for violations of rule 23 of
the Industrial Code that result in an injury.
Should a crane or other piece of heavy machinery fall and injure a construction
worker, they may be entitled to compensation. Under New York Labor Law
240 (1) property owners and general contractors often have absolute liability
when a worker suffers an elevation related injury on the worksite. Essentially,
this statute provides construction
workers compensation in many cases where something fell from an elevated area and causes injury.
For instance, if a crane is holding a beam and that beam, or any other
construction material falls and injures a worker, that worker may be entitled
to compensation if they suffered injury. Also, under Labor law 240(1),
the owner and/or general contractor may be held liable when a worker falls
from an elevated worksite, including but not limited to falls from ladders,
scaffolds, and many other forms of safety devices and equipment.
Additionally, construction workers who have suffered an accident involving
heavy machinery may also be able to file a negligence lawsuit against
the individual or entity that caused their injury. In order to have a
valid negligence lawsuit, the party responsible for the injury must have
failed to adhere to a legal obligation or duty of care to take certain
precautions in a dangerous situation. The breach in duty must have been
directly responsible for the injury and caused damages.
Individuals who have been injured in a crane or heavy machinery accident
due to the following may have a lawsuit:
- The crane collapsed
- The crane was not set up properly during the jumping phase
- The crane lacked the appropriate safety devices
- Operator inexperience
- Malfunctioning equipment
- Contacted power lines
- The crane dropped the load it was carrying
What Compensation is Available to Victims of Heavy Machinery Accidents?
Construction workers who have suffered an injury due to an accident with
heavy machinery may be entitled to several types of compensation. In cases
where injured workers are forced to miss extensive time at work, they
may be able to collect compensation for any lost wages not covered by
workers' compensation. Some injuries may cause mounting medical bills
that aren't covered by insurance; in these instances injured workers
may be able to collect compensation for any past and future medical bills
relating to the injury. Victims may also be able to recover compensation
for any lasting pain or emotional damage that results from the injury.
Additionally, injured workers may be eligible for compensation for any
lost union benefits.
Due to the wide variety of compensation available to injured construction
workers, it is within their best interest to hire a skilled construction
accident attorney. At Queller, Fisher, Washor, Fuchs & Kool, our attorneys
are adept at securing favorable verdicts and settlements. For instance,
we recovered $3.4 million in a construction accident case.
Have you or someone you love suffered a serious worksite injury due to
heavy machinery? If so, you may have legal recourse. For a free consultation,
call (212) 406-1700 or contact us online. Queller, Fisher, Washor, Fuchs
& Kool will review your claim to see how we may be able to help you.