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.
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:
- Dump Trucks
- Hydraulic Lifters
- Construction tractors
- Asphalt pavers
OSHA has long labeled caught-in or caught-between injuries 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.
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.
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 of 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 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.
Time is of the Essence: Contact Our New York Heavy Equipment Accident Lawyers
One thing 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. This is why it is essential that if there are any third parties who may have had a hand in your injury accident, you 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 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 today to get started.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]