Heavy Machinery Accidents
Heavy machinery accidents in Syracuse can cause serious injuries to people at construction sites. Sometimes these accidents are the result of the equipment being operated in appropriately or safety procedures not being followed. These accidents can lead to catastrophic and even fatal injuries. If you were injured or a loved one was killed in a heavy machinery accident, the experienced Syracuse construction accident attorneys at DeFrancisco & Falgiatano may be able to represent you in seeking compensation.Heavy Machinery Accidents
Heavy machinery includes trucks, cranes, bulldozers, backhoes, caterpillars, excavators, graders, forklifts, dump trucks, grapple trucks, pipelayers, and trenchers. When machinery weighs many thousands of pounds — sometimes more than 80,000 pounds —and is operated close to workers, these workers may be at significant risk. There's no room for error. When a worker is injured on the job as a result of a heavy machinery accident, it may be possible to obtain workers' compensation, which provides benefits in the form of basic medical care and wage replacement. This is an employee's exclusive remedy against an employer, but often workers' compensation benefits are insufficient to address the full scope of damages for serious or catastrophic injuries.
In New York, you may be able to pursue damages by suing the person or party responsible for the heavy machinery accident, and a knowledgeable construction accident lawyer can help. For example, you may be able to hold someone responsible for a heavy machinery accident where the machinery had defective headlights or brakes; for a failure to train operators on the heavy machinery; failure to inspect machinery at the start of a shift to make sure it was in safe working condition; operating a vehicle in reverse with no audible alarm or without a clear line of vision; or operating equipment modified to carry a greater load.
Working with heavy machinery is inherently dangerous. After an accident, the Occupational Safety and Health Administration (OSHA) may come out to the scene and investigate. The OSHA report can be helpful to establish liability and determine who may be held responsible for the accident.
Sections 200, 240, and 241(6) of the Labor Law of New York are code sections that allow workers to bring lawsuits for injuries against the owner, general contractor, and other contractors responsible for construction accidents, including heavy machinery accidents onsite, so long as they aren't your employer. Under Labor Law 241(6), workers can sue owners, general contractors, and other contractors for violations of particular regulations of the New York State Industrial Code. Labor Law 200 claims are similar to negligence claims in that workers can sue companies for failure to give adequate, reasonable protection to on-site workers. Sometimes an employer can be held responsible for failing to provide adequate personal protective equipment to work with heavy machinery.
Heavy machines often have moving parts that are not functioning properly. There may be a basis to file a product liability lawsuit against the manufacturer of defective heavy machinery. Defective machines can cause severe and even fatal injuries, including crushed limbs and amputations. A worker may be injured by conveyor belts, fly wheels, pulleys, turning shafts, shafts with pins, chains, presses, molds, cranks, and gears. Manufacturers are supposed to provide adequate instructions and warnings. You can hold a manufacturer liable for defective manufacturing, defective design, and defective marketing. A company may be held strictly liable for producing a defective product that injures someone.Construction Accident Attorneys Serving Syracuse
The causes of construction accidents in Syracuse may be complex. It is important to retain a firm that understands the many factors that may be at issue following a heavy machinery accident. Our skilled injury lawyers may be able to help you sue to recover damages from all the parties potentially responsible. DeFrancisco & Falgiatano represents injured patients in Syracuse, Rochester, Binghamton, Auburn, Lowville, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, and Lyons. Call us at 315-479-9000 or contact us via our online form.