If you suffered a spinal cord injury due to a defective machinery accident on a construction site, you may be entitled to monetary recovery beyond Workers’ Compensation. While workers generally can’t sue their employers because of New York’s Workers’ Compensation laws, you may be able to file a personal injury lawsuit if you can establish that a third party — such as a manufacturer or contractor — was responsible for your spinal injuries. In doing so, you may be entitled to recover both your economic and non-economic damages.
Causes of Defective Machinery Accidents on Construction Sites
A variety of heavy equipment and machinery is used on construction sites to help workers carry out their daily tasks. However, when proper safety measures are not followed, accidents can arise that result in a variety of catastrophic injuries — including spinal cord injuries. Specifically, defective machinery accidents involving spinal cord injuries can be caused by the following:
- Defective machinery parts
- Design defects in the machinery
- Failure to repair machinery
- Insufficient training in the use of the machinery
- Being caught in between malfunctioning machinery
- Poorly maintained machinery
Spinal cord injuries can be caused by a blow to the spinal cord itself or damage to the surrounding bones. These injuries can involve any part of the spine, including the cervical, thoracic, lumbar, or sacral spine. Depending upon the severity, a spinal cord injury can result in nerve damage, paralysis, or even fatality. They typically require extensive medical treatment, including physical therapy, surgery, medication, and durable medical equipment.
In addition to incurring significant medical expenses, a worker who suffered a spinal cord injury due to a defective machinery accident may also lose time from work and incur out-of-pocket expenses. If you can show that a third party should be held liable for negligence, you may be entitled to recover your monetary and non-monetary losses in a personal injury lawsuit.
Compensation for Defective Machinery Accidents
If you suffered spinal cord injuries in a construction accident caused by defective machinery, you may be entitled to compensation by filing a personal injury action. Although Workers’ Compensation covers medical expenses and provides a certain amount of monetary recovery for lost wages, it typically does not cover the full extent of an injured worker’s losses. It also does not compensate for non-economic losses, such as pain and suffering. By pursuing a personal injury lawsuit, you may be eligible to recover both your economic and non-economic losses.
Due to the nature of these types of injuries — and the impact they can have on your life and livelihood — the compensation for a spinal cord injury caused by a defective machinery accident is often substantial. Economic damages can include unreimbursed medical expenses, lost wages, out-of-pocket costs, and other pecuniary losses connected with the accident. Non-economic damages are meant to compensate for the damages that are much more difficult to quantify, such as your physical pain, emotional anguish, and loss of enjoyment of life.
Contact an Experienced New York Personal Injury Attorney
Suffering from a spinal cord injury due to a defective machinery accident on a construction site can be life-changing. A knowledgeable personal injury attorney can best advise you regarding your legal rights and fight for the monetary recovery you deserve. The Dearie Law Firm, P.C. has represented construction accident victims for over three decades and provides aggressive advocacy to obtain the best possible results in each unique case. Contact us today for a consultation.
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