Construction sites are hazardous workplaces filled with dangerous equipment that assists workers with carrying out their tasks. Critically, forklifts, cranes, bulldozers, and other heavy machinery present substantial risks — and accidents involving these types of equipment are some of the most common causes of injuries on job sites. If you are a construction worker who was hurt in a forklift or heavy machinery accident, Workers’ Compensation isn’t your only recourse. You may be entitled to pursue a personal injury lawsuit against a negligent third party for the damages they caused you to suffer.
Causes of Forklift and Heavy Machinery Accidents
There are many different types of accidents that can be caused by forklifts and other heavy machinery on construction sites. For instance, serious injuries can be caused by rollovers, crush incidents, collisions, falling loads, flying debris, and electrocution. Many of these accidents could be prevented by taking proper safety measures and having adequate safety protocol in place.
Some common causes of forklift and heavy machinery accidents on construction sites can include the following:
- Poor maintenance of the machinery — Forklifts and other heavy machinery must be regularly inspected and maintained to ensure it is in good working condition and accidents are prevented.
- Overloading materials — Overloading materials onto forklifts, cranes, and other heavy machinery can result in collapse, loss of control, tipping, or the materials falling, leading to a risk of severe injury to the operator and workers nearby.
- Improper use of equipment — Not using construction machinery and equipment correctly or for its intended purpose can result in serious accidents.
- Failure to train — Construction machinery is complex, and workers must be properly trained in its use to prevent accidents.
- Poor illumination — Poor visibility and dim lighting on a construction site can make it difficult for a worker to see any nearby obstacles, increasing the risk of accidents.
- Failure to communicate — Workers must communicate effectively with each other and their supervisors on a job site. Failure to communicate can result in misunderstandings that lead to hazards which cause injuries.
Although a worker cannot sue their employer due to New York’s Workers’ Compensation laws, a third party’s negligence is often to blame for construction accidents. Significantly, there are a wide range of parties on construction sites who may be held responsible for a forklift or heavy machinery accident. Depending on the facts and circumstances of the case, parties who might be held accountable in a lawsuit for a worker’s injuries can include contractors, subcontractors, property owners, architects, and engineers.
Compensation for Forklift and Heavy Machinery Accidents
Workers’ Compensation benefits are limited — and they do not cover the full extent of an injured worker’s economic losses. They also do not compensate for pain and suffering. A worker who was injured in a forklift or heavy machinery accident on a construction site caused by a third party’s negligence may be entitled to recover a wide range of damages by filing a personal injury action.
A construction worker who suffered injuries in a forklift or heavy machinery accident may incur substantial medical bills and accumulate a significant amount of lost wages. Economic damages in a personal injury action can include unreimbursed medical expenses, lost earnings, future lost wages, out-of-pocket expenses, and other pecuniary losses in connection with the accident. Non-economic damages often represent the largest portion of a personal injury award and can include compensation for the physical pain, mental anguish, and loss of enjoyment of life caused by the accident-related injury.
In some cases, where it can be shown that the injury was caused by the defendant’s egregiousness or willful indifference, punitive damages may be awarded. These are meant to punish the wrongdoer and deter others from engaging in similar conduct.
Contact an Experienced New York Personal Injury Lawyer
If you were hurt in a forklift or heavy machinery accident on a construction site, a knowledgeable personal injury lawyer can assist you with obtaining the compensation you deserve. Due to our experience and skill, The Edelsteins, Faegenburg & Brown, LLP regularly secures significant settlements and jury verdicts for our clients. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.