Machinery Accident

At times, construction accidents have workers' compensation as the only recourse. In New York, however, there is a greater likelihood you will be able to sue for damages due to Labor Law 241. This law requires contractors and owners provide reasonable and adequate protection and safety on a job site. An experienced New York City personal injury attorney can review your specific case and identify any factors which allow you to file a claim.

Understanding Machinery Accidents

The nature of construction involves a large variety of machinery, most of which should be safe if handled correctly, but also have an inherent potential for danger. A relatively small error involving a forklift, crane, man lift, logging machine, punch press, compressor or other similar machinery can quickly escalate and cause great damage.

Victims of these types of accidents may suffer lost limbs, internal injury, spinal injury, brain damage, electrocution, and any number of similarly horrific consequences. These incidents can come about for several reasons, some of which include:

  • Lack of or insufficient training on machinery operation
  • Inadequate enforcement of safety procedures
  • Failure to provide necessary safety equipment
  • Carelessness or recklessness in the operation of machinery
  • Negligent machinery maintenance
  • Defective machines or safety equipment

Understanding Your Rights Under Labor Laws 240 & 241

Usually, a construction worker's only option after suffering a serious injury on the job is to file for workers' compensation. Although this can be a practical course of action for some, it is also important to understand what rights you possess under Labor Laws 240 & 241—if you are currently employed in the state of New York.

These laws have been implemented to protect employees from the hazardous conditions of a jobsite. In doing so, they stipulate that all contractors and property owners must provide their workers with a reasonably safe work environment. Should they fail to do so, and an employee is subsequently injured, they may be subjected to a civil suit. Rather than holding the responsible party accountable on the grounds of negligence, however, these labor laws impose absolute liability—meaning that any such violation would give the injured worker valid reasoning to bring suit against them.

Let Our NYC Construction Accident Lawyers Protect Your Rights

The staff of Lurie, Ilchert, MacDonnell & Ryan LLP includes highly skilled personal injury attorneys, assistants, investigators, secretaries and interpreters. You may converse with us in Spanish, Polish, Spanish, Slovak, Czech or Chinese. Our phone line is manned 24 hours a day, 7 days a week and we limit the number of clients we accept so that we can continue to provide attentive and personalized service.

Call today at (646) 461-4009 for a free consultation or submit a complimentary case evaluation form online!