At Gorayeb & Associates, our team of New York machinery accident lawyers helps injured workers obtain the maximum compensation they are entitled to under the law.
Construction accidents can be legally complicated, so workers must have representation from expert construction accident lawyers in New York.
Throughout this article, we'll explain the most relevant topics about machinery accidents:
- How Can New York Machinery Injury Attorneys Help Me?
- How Much Money Can NYC Industrial Accident Attorneys Get for Me?
- Types of Machinery Used in Construction
- Why Do Machinery Accidents Occur?
- Top 10 Measures to Prevent Machinery Accidents
- Rights of Construction Workers in New York
- In What Other Accidents Can Gorayeb & Associates Help Me?
First and foremost, you need to know:
Suppose you've been involved in a construction accident. In that case, you can claim fair compensation regardless of immigration status!
At Gorayeb & Associates, we have over 35 years of experience helping injured workers get all the money they're legally entitled to. We've won over a billion dollars in compensation for our clients. You don't have to pay us directly out of your pocket when you hire us.
Did you or a loved one suffer a workplace injury? Get in touch with us. Call us now to request a free consultation. One of our construction accident lawyers in New York is ready to assist you.
How Can New York Machinery Injury Attorneys Help Me?
Construction accidents in New York can have devastating consequences for workers and their families. In such complex situations, having the support of machinery accident attorneys in New York from Gorayeb & Associates is crucial to protecting your rights and obtaining the compensation you deserve. Here's how we can help you:
- Initial case evaluation:
The first step is the initial evaluation of your case. Our machinery accident attorneys in New York thoroughly assess your case to understand the details of your accident. During this meeting, we evaluate the viability of your case, potential compensations, and the following steps to take. This analysis is fundamental for establishing an appropriate legal strategy.
- Comprehensive investigation:
Once the case is accepted, our legal team conducts a comprehensive investigation. This includes gathering evidence that may be important, such as accident reports, witness testimonies, medical records, and any other relevant documentation. This phase is essential for building a solid case to support your claim.
- Identification of responsibilities:
In a construction accident case, it's crucial to identify all potentially responsible parties. These may include contractors, subcontractors, building owners, manufacturers of defective machinery, and sometimes even third parties who contributed to creating unsafe conditions.
- Negotiation with insurance companies:
Gorayeb & Associates' construction accident lawyers in New York have extensive experience winning workplace accident cases. Many construction cases are resolved favorably for victims through negotiation with the liable party's insurer. However, suppose it's necessary to take your case to court. In that case, our legal team will work with all resources to win the maximum possible compensation in court.
- Ongoing support:
We remember our clients once we win the case at Gorayeb & Associates. Our legal excellence includes post-verdict support, ensuring that all established agreements are fulfilled and the worker's rehabilitation progresses smoothly.
How Much Money Can NYC Industrial Accident Attorneys Get for Me?
Determining how much money you can win in a construction accident case in New York depends on several factors. Each case is unique, and the compensation amount is calculated considering the severity of the injuries, recovery time, and a combination of economic and non-economic benefits. Here are the benefits that may be regarded as in compensation:
- Medical expenses: Covering all current and future medical costs related to the injuries suffered in the accident. This includes hospitalizations, surgeries, medications, and other necessary medical treatments.
- Lost wages: Compensation for the income lost during recovery when you couldn't work due to the injuries. This may also include the loss of future earning capacity if the injuries affect your ability to work long-term.
- Rehabilitation expenses: Cover any physical therapy or rehabilitation needed to regain mobility and functionality after the accident.
- Pain and suffering: This category includes compensation for emotional and psychological injuries caused by the injuries, such as depression, psychological trauma, and emotional stress.
- Loss of consortium: Compensation awarded to the injured person's family members for losing companionship, support, and affection due to injuries.
- Loss of enjoyment of life: Compensation for the inability to participate in life activities and pleasures you enjoyed before the accident.
When Hiring Our NY Machinery Injury Law Firm, You Don’t Pay Directly Out of Pocket
Many workers must know that hiring an accident lawyer can be expensive. However, when hiring our New York City machinery injury lawyers, you don't have to pay directly out of your pocket.
This is because of a fee structure known as contingency fees, which works as follows:
- Our legal firm takes on the case using our resources.
- In the event of a win, Gorayeb & Associates only receives a percentage of the final compensation paid to the client.
- The client doesn't have to pay directly out of their pocket for legal representation.
Types of Machinery Used in Construction
Various types of machinery are used in the construction industry to facilitate and speed up construction, demolition, and material handling processes. Here are descriptions of some of the most common types of machinery used in construction:
- Excavators: These are robust machines featuring a long arm and a bucket specially designed for digging tasks. Widely employed in excavation projects, they're indispensable for tasks ranging from digging trenches to demolishing structures and hoisting heavy materials.
- Backhoes: Combining the functionalities of an excavator and a loader, backhoes are versatile workhorses in construction. With a hydraulic arm at the rear and a loader bucket in the front, they excel in excavation, filling, and material relocation tasks.
- Front-end loaders: Featuring a robust shovel or bucket at the front, front-end loaders are indispensable in handling bulk materials on construction sites. Whether it's moving earth, rocks, or debris, these machines excel in loading and transporting materials with efficiency and precision. Their ease of operation and adaptability make them a staple in various construction applications.
- Bulldozers: Renowned for their formidable traction and imposing front blade, bulldozers are pivotal in earthmoving operations on construction sites. From pushing massive volumes of soil to grading and leveling terrain, these rugged machines are crucial in shaping landscapes and preparing sites for construction activities.
- Cranes: Vital for vertical lifting and material handling tasks, cranes come in various forms and sizes to suit diverse construction needs. Tower cranes dominate the skyline, facilitating the assembly of high-rise structures. In contrast, mobile cranes offer flexibility in maneuverability and accessibility.
- Compactors: Deployed to achieve optimal compaction of different materials, including soil, gravel, and concrete, compactors ensure the creation of stable and uniform surfaces. Whether it's preparing subgrades for road construction or compacting landfill sites, these machines utilize vibratory or static forces to densify materials effectively.
- Forklifts: These industrial workhorses are tailored for lifting and transporting heavy materials over short distances within construction sites or warehouses. With their robust build and lifting capabilities, forklifts streamline material handling operations, enhancing efficiency and productivity. Whether loading pallets of construction materials or transporting equipment across the site, forklifts ensure smooth logistics and operations.
- Pavers: Specialized machines employed in paving operations; pavers excel in spreading, leveling, and compacting asphalt, concrete, and other paving materials. From constructing roads and highways to laying parking lots and pathways, these machines ensure the creation of smooth and durable surfaces.
- Hydraulic hammers: These versatile attachments, compatible with excavators and backhoes, are employed to demolish concrete and rock structures with precision and efficiency. Hydraulic hammers expedite demolition tasks while minimizing manual labor and disruption, whether breaking up old pavements, demolishing foundations, or trenching through rocky terrain.
- Drills: Essential for boring holes in the ground, drills are utilized in various construction activities, including pile installation, soil exploration, and foundation preparation. Whether drilling anchor holes for structures or extracting soil samples for analysis, drills play a pivotal role in site preparation and construction planning.
- Dump trucks: These heavy-duty vehicles are engineered to transport large volumes of materials such as earth, sand, and gravel to and from construction sites. With their robust construction and high payload capacities, dump trucks facilitate efficient material logistics, ensuring timely delivery and removal of materials. Whether hauling excavation spoils or delivering construction aggregates, dump trucks are indispensable in construction operations, supporting the seamless flow of materials across project sites.
Each type of machinery has characteristics, functionalities, and safety precautions that must be considered for effective and safe use in construction projects. Proper selection and use of these machines are crucial for any construction project's efficiency, safety, and success.
Why Do Machinery Accidents Occur?
Construction machinery accidents occur for various reasons, many related to negligence in maintenance, handling, and safety regulations. Here are the five most common causes of machinery accidents:
- Lack of proper tools for the job.
Employers must provide adequate equipment for specific tasks to prevent workers from improvising unsafe solutions or incorrectly using machinery. This increases the risk of accidents.
- Absence of personal protective equipment.
The lack of personal protective equipment (PPE), such as gloves, protective eyewear, and safety shoes, exposes workers to direct injuries when handling or being near machinery, especially when it can release particles or pose crushing or cutting risks.
- Poor machinery maintenance.
Inadequate machine maintenance is a frequent cause of accidents. Construction machinery requires regular inspections and maintenance to ensure safe operation. Neglect in this area can result in mechanical failures, leading to severe accidents.
- Non-compliance with OSHA regulations.
Failure to comply with regulations set by the Occupational Safety and Health Administration (OSHA) leads to an unsafe work environment. These standards are designed to protect construction workers. Non-compliance can result in avoidable accidents.
- Improper use of machinery.
Incorrect use of machinery, whether due to inadequate worker training or reckless decisions at the worksite, is a significant cause of accidents. This includes operating machinery without the required training or using machines for tasks they are not designed for. It's important to highlight that employers must provide training in the language their workers understand best.
Top 10 Measures to Prevent Machinery Accidents
Employees must incorporate best practices in safety into daily activities to ensure a healthy and safe work area. Here we explain 10 of the main measures to prevent accidents with machinery on construction sites:
- Adequate training: All operators should receive specific training on the safe use of the machinery they will operate, including safety practices and risk recognition.
- Use of personal protective equipment (PPE): Workers must be equipped with the appropriate PPE, such as helmets, gloves, safety goggles, and protective footwear, to minimize the risk of injuries.
- Regular machinery maintenance: Conduct inspections and preventive maintenance of all machines and equipment to ensure proper operation and prevent mechanical failures.
- Adherence to safety regulations: Comply with safety regulations and standards established by entities like OSHA, ensuring that safe work practices are a priority.
- Proper use of machinery: Ensure that machinery is used only for its intended purposes and that the manufacturer's instructions for operation are followed.
- Signage and safety barriers: Implement clear and physical barriers around machinery work areas to warn workers about potential hazards.
- Emergency protocols: Establish and practice emergency response procedures, including how to act in case of machinery accidents.
- Adequate supervision: Ensure that qualified supervisors are present who can monitor the safe use of machinery and intervene if unsafe practices are detected.
- Effective communication: Maintain open lines of communication between workers, supervisors, and safety management to report unsafe conditions or equipment malfunctions.
- Promote a safety culture: Encourage a safety culture where all employees feel responsible for staying safe and protecting their coworkers.
Implementing these measures can significantly help reduce the risk of machinery accidents on construction sites, creating a safer working environment for everyone involved.
Rights of Construction Workers in New York
All workers have rights, regardless of their immigration status. These rights are contained in the Workers Bill of New York, with the most relevant sections for construction workers being 240 and 241, where it is established that:
- Construction workers have the right to work in a safe and healthy environment.
- Construction workers have the right to receive necessary protective equipment free of charge to perform their jobs safely.
- Construction workers have the right to receive training on operating and handling machinery and tools required. This training should be provided in the language they understand best.
Furthermore, workers have the right to report unsafe working conditions. This report should be made to OSHA following the instructions on their website. If the worker wishes, their report can be anonymous, and their personal information can be protected under the OSHA's Whistleblower Protection Program.
In What Other Accidents Can Gorayeb & Associates Help Me?
At Gorayeb & Associates, our machinery injury lawyers in New York specialize in construction cases. To ensure legal excellence in all cases, our firm covers various practice areas related to construction accidents:
- Scaffolding accidents: These unfortunate incidents often result from the improper use or structural deficiencies of scaffolds found on construction sites. Workers may experience falls from considerable heights or be struck by objects that fall from scaffolding.
- Ladder accidents: Workers may encounter falls or injuries when utilizing defective, unstable, or improperly positioned ladders. Such accidents highlight the importance of strictly adhering to ladder safety protocols on construction sites.
- Roofing accidents: Injuries sustained while working on roofs can range from falls due to roof instability to incidents arising from inadequate safety measures. These accidents underscore the need for thorough safety inspections and precautions when working at elevated heights.
- Roof collapse accidents: These distressing situations occur when the structures of roofs unexpectedly give way, posing severe risks to workers beneath or nearby. Proper structural assessments and maintenance are crucial for preventing such catastrophic events.
- Building demolition accidents: The inherent risks associated with demolishing structures can lead to various accidents, from debris falls to unforeseen collapses of building components. Diligent planning and execution of demolition procedures are essential to mitigate these hazards.
- Falling cargo, materials, or object accidents: Workers are susceptible to injuries caused by loads, materials, or tools plummeting from elevated positions. Heightened awareness and adherence to safety protocols can help minimize the likelihood of such accidents.
- Construction site slip and fall accidents: These incidents occur at construction sites, encompassing scenarios such as falls from scaffolding, roofs, or floor openings. Implementing robust fall protection measures is imperative for safeguarding workers' well-being.
- Power saw accidents: Mishaps involving electric saws often result in cuts, lacerations, or even amputations, either due to improper usage or equipment failures. Strict adherence to safety guidelines and regular equipment maintenance are essential preventive measures.
- Eye injuries: Workers may suffer from exposure to hazardous materials, airborne particles, or direct impacts during construction activities. Proper eye protection and safety protocols are vital for minimizing the risk of such injuries.
- Window cleaning accidents: These accidents involve falls or injuries incurred while performing window cleaning tasks, particularly at elevated heights where proper safety precautions are crucial. Ensuring adequate training and equipment usage can help prevent such incidents.
- Construction elevator accidents: Injuries in or near construction elevators can result from malfunctions or unsafe practices. Regular maintenance and adherence to safety guidelines are essential to mitigate the risks associated with construction elevator operations.
- Crane accidents: Mechanical failures, operator errors, or crane collapses can lead to severe accidents on construction sites. Rigorous safety measures and thorough training are necessary to prevent crane-related incidents.
- Excavation accidents: Accidents during excavation activities, such as collapses or cave-ins, pose significant risks to workers' safety. Strict adherence to excavation safety protocols and regular site inspections are imperative for accident prevention.
- Truck accidents: Collisions, rollovers, or other incidents involving trucks on construction sites highlight the importance of safe vehicle operation and adherence to traffic safety regulations.
- Bus accidents: Accidents involving the transportation of workers or materials on buses, whether inside construction zones or nearby, emphasize the need for safe transportation practices and vehicle maintenance.
- 18-wheeler accidents: Collisions or incidents involving large transport vehicles underscore the importance of safe operation and proper maintenance of such cars in construction settings.
- Forklift accidents: Injuries resulting from the unsafe handling or malfunction of forklifts highlight the need for comprehensive training and strict adherence to safety protocols when operating heavy machinery.
These practice areas cover a wide range of construction-related accidents, and our team is dedicated to providing expert legal representation to victims in each case.
NYC Machinery Accident Lawyers from Gorayeb & Associates
Excellent legal representation in a construction accident is crucial to obtaining maximum compensation. Gorayeb & Associates' machinery accident attorneys in New York have won over a billion dollars in compensation for our clients.
Suppose you or a loved one suffered a workplace injury. In that case, Gorayeb & Associates New York machinery accident lawyers are ready to assist you. Call us now and request a free consultation. We are available at any time, every day of the year.
