Workplace Machine Accident Claims In New York City
Industrial machinery and heavy equipment can cause catastrophic injuries when workers become caught in moving parts, struck by equipment, crushed between objects, or exposed to an unguarded point of operation.
The Dearie Law Firm, P.C. represents workers injured by construction machinery, manufacturing equipment, power tools, forklifts, excavators, presses, saws, conveyors, and other dangerous equipment throughout New York City.
OSHA requires machinery to be guarded when moving parts, points of operation, rotating components, flying materials, or similar hazards could injure an operator or another worker. OSHA’s machine-guarding requirements address safeguards intended to prevent workers from entering dangerous machine areas.
Call (212) 970-6500 or contact us online for a free consultation.
Common Workplace Machine Accidents And Injuries
The machine-related risks a worker faces depend upon their industry and the type of machinery they work with on a daily basis. Regardless of the kinds of machines involved, there are several common types of machinery-related accidents:
- Workers caught between or crushed by heavy equipment.
- Limbs, appendages, hair, or clothing caught in machinery/gears.
- Workers struck by moving heavy equipment parts.
- Slips or falls into unguarded machinery.
As a result of these and other types of machinery accidents, worker injuries can include:
- Loss of limbs, hands, or feet
- Paralysis
- Broken/fractured bones
- Internal hemorrhaging/organ rupture
- Burns
- Bruising, abrasions, and cuts
- Permanent nerve damage
- Crushed appendages
In some very severe cases, a machinery accident can even lead to death. Whatever the case, a machinery-related injury is nothing to scoff at. The physical repercussions, medical bills, mental anguish, and loss of income that results can leave you hurting in more than one way.
Causes of Workplace Machinery and Heavy Equipment Accidents
Depending on the worksite and project, various pieces of machinery or equipment may be used — and some are more dangerous than others. If you work in construction, you might be working with table saws, sanders, drilling machines, or other electric equipment. You may also be required to operate heavy machinery, including cranes, forklifts, trenchers, bulldozers, dump trucks, and excavators.
While working with any dangerous machinery or equipment always presents some risk, certain conditions can sometimes exist that may jeopardize the operator’s safety. In addition to machine guarding hazards, other common reasons workplace machinery accidents can include:
- Lack of protective gear
- Inadequate training
- Poor lighting
- Operator fatigue
- Improperly maintained equipment
- Failure to supervise
- Machine malfunction
Critically, employers must ensure that workplace machinery and equipment are in good working condition and the surrounding area is free from hazards. They also have an obligation to provide personal protective equipment appropriate for the specific task the worker has been assigned and ensure all workers receive proper safety training.
Even when safety measures are in place, accidents can still occur due to machinery defects or a manufacturer’s failure to equip the machine with a proper safety warning. In these cases, an injured worker may be entitled to bring an action against the manufacturer under a theory of product liability.
Workers’ Compensation And Third-Party Machine Accident Claims
An injured employee may be eligible for New York workers’ compensation benefits, including medical treatment and partial wage-replacement benefits. Workers’ compensation generally does not require the employee to prove that the employer caused the accident. Learn more about New York workers’ compensation claims.
A worker may also have a separate claim against a party other than the direct employer. Potential defendants may include:
- A machine manufacturer
- An equipment distributor
- A maintenance or repair company
- An equipment rental company
- A property owner
- A general contractor
- Another contractor or subcontractor
A third-party lawsuit may seek compensation unavailable through workers’ compensation, including damages for pain and suffering and the full effect of the injury on the worker’s life. New York workers’ compensation is ordinarily the exclusive remedy against a covered direct employer, but that restriction does not necessarily eliminate claims against other responsible parties.
How Our Workplace Machine Accident Lawyers Help
Our attorneys may investigate the machine, preserve maintenance and inspection records, identify the companies responsible for the equipment, interview witnesses, review safety procedures, and determine whether missing guards, defective components, inadequate training, improper maintenance, or unsafe work practices caused the accident.
Machinery may be repaired, removed, altered, or returned to a rental company shortly after an accident. Prompt investigation can help preserve evidence before it disappears.
Related Construction Accident Practice Areas
- Construction Vehicle And Forklift Accident Lawyers
- Crane Accident Lawyers
- Construction Electrical Accident Lawyers
- Trench And Excavation Accident Lawyers
- Falling Object Accident Lawyers
Contact New York City Workplace Machine Accident Lawyers
The Dearie Law Firm, P.C. has represented injured New Yorkers for more than 35 years. Call (212) 970-6500 or contact us online for a free consultation.