Dangerous Machinery Accidents
As a construction worker, you may need to use machinery to do your job. Machinery used on a construction site is often heavy and powerful. Even a little mistake can result in dangerous machinery accidents. Workers' compensation benefits may be insufficient for the serious injuries that may be sustained. Special labor laws apply to construction accidents in New York; application of these laws may entitle you to recover damages. If you were injured or a loved one was killed, you should talk to experienced White Plains construction accident lawyer Mark A. Siesel.Dangerous Machinery Accidents
Many different types of dangerous equipment and machinery may cause serious or catastrophic injury. These machines include pile drivers, bulldozers, cranes, backhoes, dump trucks, paving machines, forklifts, road graders, and snowplows. If you were injured or a loved one was a killed at a construction site as a result of an accident involving these or other types of machines, you should look into whether you can sue for damages. You may be able to hold an owner, contractor, subcontractor, maintenance company, manufacturer, or seller responsible for your injuries. It's important to talk to an attorney who has experience with lawsuits under Section 200, Section 240, and Section 241(6).Section 200
You may have a claim under Labor Law section 200. This law is broad in scope. It's a codification of the negligence standard. Contractors and owners are required to provide employees and visitors with a reasonably safe work environment in connection with machinery and equipment and other conditions. Owners and contractors should ensure all machinery, as well as equipment and devices, are guarded, operated and positioned so that they're secure. If, for instance, you work for a concrete subcontractor and a machine is left unguarded by the general contractor, and your arm is amputated as a result of the lack of guards, you may be able to sue the contractor for damages.Section 240
Section 240, also known as the Scaffold Law, establishes protection for workers who are injured as a result of working at heights or being hit by falling objects from a height. Contractors and owners are supposed to provide all workers with safety guards and measures. These can include safety railings and barricades. Any scaffolding should hold four times the amount of weight it is expected to withstand. Contractors and owners that don't provide workers with sufficient safety devices and worksite regulations to avoid harm to workers as the result of falls or falling objects may be held absolutely liable under the Scaffold Law. For instance, if a scaffold collapsed, resulting in heavy machinery being dropped onto you while you are working below, and one of your limbs is crushed, you may be able to hold accountable the contractor for the project. Usually your own negligence will not bar you from recovering damages, unless you were fully responsible for the accident.Section 241(6)
New York Labor Law section 241(6) provides that areas where machinery is used should be constructed, equipped, shored, arranged, guarded, conducted and operated with attention to reasonably safeguarding and protecting workers and lawful visitors. This law's purpose is effectuated through extensive rules set forth under Part 23. An owner or contractor can be held accountable for any rule violation that leads to a machinery accident without the owner's or contractor's negligence needing to be established. For instance, Subpart 23-9 covers power-operated heavy machinery or equipment used to demolish, construct and excavate. Under § 23-9.2, those operating material-handling equipment shouldn't leave that equipment while blades, buckets or loads are suspended. Rather, loads are supposed to be lowered to the ground or other similar surface when the operator leaves. If, for instance, you were injured by a blade that was suspended while the operator was taking a bathroom break, you might have a claim under section 241(6).Retain a Lawyer in White Plains
Workers can sustain catastrophic injury or even death as a result of dangerous machinery accidents. If you were injured in the New York City area or the Hudson River Valley, you should talk to seasoned attorney Mark A. Siesel about your options. You may be able to obtain relief under Section 200, 240 or 241(6) of the New York State Labor Law. Our firm represents construction workers in White Plains, Queens, the Bronx, and Brooklyn, as well as other cities in Westchester and Kings counties, and the counties of Putnam, Orange, Dutchess, Sullivan, Rockland, and Ulster. Contact us at (914) 428-7386 or complete our online form.