Heavy Equipment Accidents

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Heavy Equipment Accidents

Heavy Equipment Accident Lawyer

Have you or a loved one been injured in an accident involving heavy equipment on a construction site in NYC? You may be entitled to compensation. New York City heavy equipment accident lawyer at the Law Offices of Jay S. Knispel, LLC can help you fight to maximize your recovery. We’ll pursue all available avenues for money, which could include workers’ compensation benefits and/or damages in a personal injury lawsuit.

Contact our law offices to get started with a free consultation today to discuss your heavy equipment accident in NYC. Our award-winning New York City construction accident attorney is always standing by to take your call at (212) 564-2800.

How Can the Law Offices of Jay S. Knispel, LLC Help Me After a Heavy Equipment Accident in NYC?

How Can the Law Offices of Jay S. Knispel, LLC Help Me After a Heavy Equipment Accident in NYC?A shocking 79% of construction workers are exposed to hazardous equipment each week. If you work in construction, your job puts you at a much higher risk of a heavy equipment-related accident. You shouldn’t have to worry about the financial impact of an injury or loss due to heavy construction equipment. That’s where our New York City construction accident attorneys come in.

The Law Offices of Jay S. Knispel, LLC has been fighting for clients in the New York City and Brooklyn areas for over twenty years. Attorney Jay S. Knispel has helped injured parties recover life-changing compensation for injuries due to workplace accidents and construction incidents. These feats have earned him recognition as a Top 100 Trial Lawyer and Multi-Million Dollar Advocate.

When you retain the Law of Offices of Jay Knispel, LLC for your heavy equipment accident in New York City, our team springs into action.

Some of the important things we will work on for you include:

  • Conducting an investigation to gather and preserve evidence
  • Identifying liable parties
  • Working with medical and industry experts
  • Calculating the full extent of your damages
  • Negotiating with the insurance companies for a fair settlement
  • Fighting your case at trial if necessary

Construction and insurance companies “lawyer up” the moment someone is injured or killed on a worksite. Do not risk your future by trying to handle your case alone. Experienced legal counsel will make all the difference.

Contact us for a free consultation with a New York City personal injury attorney. You don’t pay us anything unless we win.

What Compensation Can I Recover for a Construction Accident in NYC?

If you were injured on a construction site, a lot of different legal issues will come into play.

There are three main paths that can lead to financial recovery:

Workers’ Compensation laws seek to eliminate litigation between employees and employers. If you are an employee and were injured at work, you may be limited to pursuing Workers’ Compensation benefits. These benefits include health care, lost wages, and survivor benefits. A lawyer should help you determine if you are classified as an employee or independent contractor, and if you are limited to pursuing Workers’ Compensation benefits.

Disability Benefits may come into play if your injury is expected to last over a year. The processes to claim these benefits are complicated and have deadlines. Don’t wait to seek advice from a Workers’ compensation or disability attorney to make sure you don’t miss out on your benefits.

Third-party claims are traditional personal injury lawsuits. Instead of suing your employer, a third-party claim seeks damages from other responsible parties. Two common third-party claims are negligence and product liability.

How Can I Prove My Third-Party Claim After a New York City Heavy Equipment Accident?

In a negligence suit against a third party, you must show that your injury occurred due to the failure of the third party to be reasonably cautious.

Negligence has four elements that must be proven:

  • Defendant had a duty to use reasonable care to prevent injuries
  • Defendant breached this duty
  • This breach caused an accident
  • The accident caused injuries

An example of a third-party negligence claim would be if you were repairing roads and a car drove through the worksite, causing an accident as you jumped out of the way. You could sue the negligent driver for your injuries.

In a product liability lawsuit, the manufacturer can be held strictly liable for selling defective products that create an unreasonable risk of injury. It does not matter if the manufacturer used reasonable care.

Manufacturers are held responsible for injuries caused by their products when the product:

  • Has a design defect
  • Has a manufacturing defect
  • Did not have adequate safety warnings

For a heavy equipment accident, all three of these types of defects could potentially be the foundation of a product liability claim. An example would be a piece of heavy equipment that did not utilize available safety equipment in the industry.

For instance, an automatic stop feature that deploys when someone is in the way of the equipment. If the heavy machinery injured someone, the failure to use the safety equipment in the design could constitute a design defect that was unreasonably dangerous.

What Kinds of Injuries Are Commonly Caused by Heavy Equipment?

Large machinery used in the construction industry is extremely dangerous. This is why OSHA has so many regulations on machinery use and worker safety.

Some of the injuries that can occur from heavy machinery incidents include:

If you or a loved one has sustained any type of injury from heavy machinery at a construction site, do not waste any time. Contact us right away so we can help guide you through the process.

What If the Insurance Companies Are Trying to Blame Me for My Heavy Equipment Accident?

Workers’ Compensation claims are generally no-fault. You can receive Workers’ Compensation regardless of who was to blame for your accident.

If someone is trying to blame you for your accident, this could impact third-party claims. You can still recover a portion of your damages since New York is a comparative fault state. However, your award will be reduced by your share of fault for the accident.

How Long Do I Have to Sue After a Heavy Equipment Accident in New York City?

In New York, wrongful death suits must be filed within two years. Personal injury suits must be filed within three years.

For workers’ compensation claims, you must typically report your injuries to your employer within 30 days of your accident. Past this, you have two years to file your claim.

It is important to act quickly by consulting an attorney before your suit is time-barred.

Contact Our New York City Heavy Equipment Accident Lawyer for a Free Consultation

Heavy equipment accidents can cause devastating injuries and loss of life. If one of these accidents has affected you, contact New York City heavy equipment accident lawyer, Jay Knispel.

We want to hear your side of the story and get you the full compensation you are entitled to under New York law. Call now for your free consultation.

 

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Our Locations

New York City Office 

450 7th Ave Suite 409
New York, NY 10123

Law Offices of Jay S. Knispel Personal Injury-New York City Office

 

Brooklyn Office 

26 Court St., Suite 2511
Brooklyn, New York 11242

Law Offices of Jay S. Knispel Personal Injury - Brooklyn Office

 

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