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 212.406.1700 or 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
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.