Construction Accidents Caused by Heavy Equipment

Lots of equipment is necessary on most construction jobs. Even the most basic projects require extensive equipment during at least one phase of construction. Construction equipment often requires a lot of training to operate and can be dangerous when not operated properly.

The Occupational Safety and Health Administration (OSHA) has put construction toward the top of the list of the most dangerous jobs in America. In 2003, there were 155,420 construction-related accidents and 54,230 of these were equipment-related. That means roughly 35 percent of all construction accidents are equipment-related. Most of those injuries are due to malfunctioning equipment, unsafe equipment and/or operator error, all of which are completely avoidable.

The New York Difference

New York has unique labor laws that differentiate its legal landscape. These laws were enacted to protect the workforce from job-related injuries. When workers become injured, these laws allow them to pursue litigation against responsible parties. New York State Labor Law sections 200, 240 and 241 all contain specific protections for employees:

  • Section 200 requires contractors, job site owners and their agents to provide safe work site conditions for workers and lawful visitors. It assigns liability to these responsible parties if a worker or visitor is injured on an unsafe work site.
  • Section 240, often called the "Scaffold Law," outlines precautions that job site owners and contractors must take to prevent falls and makes them liable for fall-related injuries.
  • Section 241(6) is a specific provision concerning steps that must be taken to ensure compliance with the New York State Industrial Code and liability for violations.

Typically, there is a period of confusion and frustration while trying to navigate through life after an injury caused by construction equipment. At DeFrancisco & Falgiatano Personal Injury Lawyers, we pride ourselves on our reputation in dealing with construction-related accidents. If you or a loved one was injured due to a construction equipment error, it is imperative that you retain a knowledgeable, dedicated legal team.

Call DeFrancisco & Falgiatano Personal Injury Lawyers at 315-479-9000 or contact us online. Consultations are always free and you will never pay any attorneys fees unless we are able to recover compensation for you. Because there is a statute of limitations for all personal injury cases, contact us today to ensure that your rights are protected.