Heavy equipment accidents can be life-altering. When the outcome of an equipment accident isn’t fatal, workers can still face significant injuries that bring high medical bills and lengthy recovery times. A worker injured in an NYC heavy equipment accident needs a heavy equipment accident lawyer fighting for justice.
Not long ago, the Center for Construction Research and Training (CPWR) discovered that from 2011 to 2015, 275 construction workers were killed in caught-in/caught-between accidents, one of the most dangerous workplace accident types in the construction industry. More than two-thirds of those who died were caught in or crushed by collapsing materials, and 93 percent of nonfatal caught-in/caught-between accidents involved equipment or objects such as hand tools, machinery, or vehicles. Often, such injuries cause workers to be permanently injured and unable to provide for their families. A skilled heavy equipment accident lawyer can help.
Heavy Equipment Accidents: Part of the “Fatal Four”
The use of heavy equipment is vital on most construction sites. But the risks they pose to people operating them or working near them are significant. If you’ve been injured while operating any of these potentially dangerous machines, or were near them during a mishap, you are entitled to compensation. To receive complete medical care today and in the future, as well as reimbursement of lost wages for the time you are unable to work, you must file for workers’ compensation benefits. The workers’ compensation attorneys at Kaplan Lawyers PC have handled claims involving:
- Bulldozers
- Dump trucks
- Excavators
- Graders
- Dozers
- Cranes
- Hydraulic lifters
- Loaders
- Elevators
- Construction tractors
- Asphalt pavers.
OSHA has long labeled caught-in/caught-between injuries as one of its “fatal four” construction hazards. Caught-between accidents are defined as mishaps where the victim is squeezed, caught, or crushed between two or more objects or parts of an object. In addition, these accidents include trench collapses and injuries where a machine pulls a worker or one of their limbs into a machine’s internal components, or a moving piece of equipment pins a worker against a stationary object or wall.
As a response to such accidents, OSHA requires that employers place protective guards on machinery. It has also mandated that effective supports be used to secure equipment that could tip or roll (such as forklifts) to prevent them from tipping over.
Workers must also receive proper training on how to move around working machinery on a construction job site. When property owners, project developers, general contractors, or independent contractors fail to incorporate these life-saving safety standards and workers are injured, the victims may have a legal right to claim damages from the negligent parties responsible for their injuries, possibly over and above workers’ compensation.
Why Choose Kaplan Lawyers PC
Millions Recovered for Injured New Yorkers
Kaplan Lawyers PC is a leading New York City personal injury law firm. For 30 years, our team has fought to recover compensation for clients injured in accidents in New York. Our success has earned us a reputation as aggressive litigators who deliver results to our clients.
We routinely recover compensation values for clients that reach six and seven figures — because serious injuries deserve serious compensation. Over the past three decades, our team of NYC equipment injury lawyers has recovered millions of dollars in compensation for our clients.
We’ve also earned a reputation for our community involvement, with initiatives that include hosting a scholarship and serving as a fundraising sponsor and donor to a wide variety of New York City organizations.
At Kaplan Lawyers PC, we handle collecting evidence, building a case, and aggressively negotiating while you work to regain your health. Our case results and client testimonials show that clients know their case is in good hands with the experienced heavy equipment injury lawyers at Kaplan Lawyers PC.
If you’ve been injured in an accident involving heavy equipment in New York City, Kaplan Lawyers PC is ready to help you fight for compensation. Call (516) 399-2364 to speak with an experienced heavy equipment accident lawyer at Kaplan Lawyers PC today.
Injuries From Heavy Machinery
If you’ve been injured on the job due to a heavy equipment accident and want to explore your legal options, we encourage you to contact Kaplan Lawyers PC. We offer free case evaluations to help you determine the best course of action.
Third-Party Lawsuits
As an injured construction worker, you are likely covered by workers’ comp insurance, which is designed to reimburse you for all your medical bills, a percentage of your lost wages, and disability. But workers’ comp doesn’t come close to covering all your true damages (full income reimbursement), your pain and suffering, or any of the tertiary financial losses associated with your crush injury.
You could have a third-party claim if:
- Your heavy equipment accident was caused by the negligence of a supplier or subcontractor.
- A defective machine or piece of equipment caused your injury.
- You did not receive the required training or safety equipment.
This type of claim may allow you to secure additional compensation above workers’ comp benefits. Damages received from third-party claims or lawsuits can reimburse you for the full measure of damages you sustained.
How Kaplan Lawyers PC Can Help
Our heavy equipment accident attorneys hold a winning track record for a reason. Our lawyers are skilled at:
- Quickly preserving evidence
- Building a winning case
- Maximizing potential compensation
- Negotiating aggressively with insurance companies
- Successfully representing clients in court.
Time is of the essence when it comes to preserving evidence after a heavy equipment accident. It’s best to speak with one of our heavy equipment lawyers immediately after an accident.
Successfully maximizing compensation in a heavy equipment injury claim depends on two factors — proving that another party was negligent, and thoroughly calculating all losses.
Proving Negligence
Insurance policies and personal injury law both award compensation based on the concept of negligence. Negligence is a legal concept that refers to one party having an obligation to protect the safety of others. When that duty isn’t upheld, the negligent party becomes liable for the ensuing harm.
Negligence is often a complicated matter after a heavy equipment accident. The accident could have been the fault of unsafe practices by an employer, faulty equipment, or the actions of a third-party present on the site, like a subcontractor.
Evidence that helps prove another party is liable for your injuries can include:
- Physical evidence
- Pictures of the accident scene
- Security camera footage
- Witness testimony.
Kaplan Lawyers PC will investigate the aspect of the accident that led to your injuries. This could mean proving that an employer failed to adequately train employees, didn’t maintain equipment in a safe state, or violated workplace safety regulations.
Successfully proving which party was at fault for the accident requires swift action on the part of a heavy equipment injury attorney — and failing to act promptly can leave you without the evidence you need to successfully gain compensation.
Maximizing Compensation
No two heavy equipment accidents have the same case value. This is because compensation after an injury is calculated based on the total economic and non-economic impact of the injuries on an individual’s life and family.
One of your heavy equipment injury attorney’s central responsibilities is to identify the full scope of your harm to determine a compensation goal. This is achieved by tallying up all current and future costs and losses related to the accident. Evidence of these losses can include:
- Medical bills
- Receipts for medical devices
- Invoices for physical or occupational therapists
- W-2s or pay stubs showing lost wages and benefits.
The extent of these financial losses varies by case. For example, if a worker involved in a heavy equipment accident suffers serious injuries and is not able to return to work, compensation may cover their expected lifetime earnings and the cost of ongoing medical or assistive care.
Aggressive Negotiation
Once a Kaplan Lawyers PC heavy equipment lawyer has completed an investigation, proven liability, and built a case for maximum compensation, their final job is to convince the insurance company to pay up for the amount you’re seeking. Often, successful negotiation is the most challenging part of a claim.
Insurance companies fight hard to keep their payouts small. The experienced legal team at Kaplan Lawyers PC has a strong track record of successfully negotiating generous settlement values for our clients. And when an insurance company refuses to pay, our skilled trial attorneys aren’t afraid to take the fight for justice to court.
When you bring your heavy equipment injury claim to Kaplan Lawyer PC, you can trust that we’ll stop at nothing to ensure you get the compensation you deserve.
Frequently Asked Questions
Claims for heavy equipment injuries can be complex. Some of the most common questions our clients ask about heavy equipment injury claims include the following.
What is my heavy equipment accident case value?
Case value is unique for every accident. Our lawyers will identify a target compensation goal based on factors like your medical expenses and the long-term impact of your injuries.
Can I gain compensation without hiring a lawyer?
You should always work with an experienced personal injury attorney if you hope to gain fair compensation after an injury. Injured individuals almost always walk away with higher compensation when they have an experienced lawyer negotiating on their behalf.
How much does an NYC equipment injury lawyer cost?
The heavy equipment accident attorneys at Kaplan Lawyers PC work with injured clients on a contingency basis, allowing payment to be rendered at the end of service and only if a case is successful.
How long will it take to gain compensation for a heavy equipment accident?
The timeframe for the average heavy equipment settlement is a few months, but every case is different. The complexity of a case, the number of parties involved, and the willingness of the insurance company to negotiate are all factors that impact how long it takes to resolve a case.
What should I look for when choosing a heavy equipment injury lawyer?
When you hire a heavy equipment injury attorney, you’re placing your financial future in their hands. Carefully consider a heavy equipment injury lawyer’s practice history, experience, case results, and online reviews before you choose them to represent you.
How much time do I have to file a claim over a heavy equipment injury in New York City?
For most personal injuries, the state of New York allows three years to take legal action. However, if a heavy equipment accident happens on the job and you’re seeking compensation through workers’ comp, you only have two years to file — and the injury must be reported within 30 days of the accident.
To receive more specific answers to your questions, you can schedule a free consultation with the heavy equipment accident lawyers at Kaplan Law PC.
Time Is of the Essence: Contact Our New York Heavy Equipment Accident Lawyers
One thing worth noting about construction site mishaps that cause serious injuries is that the accident scene can change quickly. Evidence can be lost under tons of concrete a day or two later. Witnesses disappear, as can members of a subcontracting team who may have injured you. Because of this, if any third parties had a hand in your injury accident, you should quickly retain a seasoned lawyer to conduct your own investigation — apart from those by OSHA or law enforcement.
At Kaplan Lawyers PC, we’ve handled virtually all types of construction-related injuries. We recognize that the use of heavy equipment involves a great deal of risk to everyone on the construction site, and we believe that anyone injured through their use or operation deserves the best medical care and full reimbursement of lost wages, pain and suffering, and other rightful damages. Our workers’ compensation and third-party liability attorneys are here to help maximize your benefits and make sure you receive everything you are entitled to and deserve.
The consultation is free. Our team of experienced professionals is ready to fight to protect your legal rights. And if we don’t win your case, there is no fee. Contact us at (516) 399-2364 today to get started.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]