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Heavy Machinery Accident Lawyer Long Island
As a worker in the machine industry, you know that your job can be dangerous. That is why you take as many safety precautions as possible every day at work. Unfortunately, others aren’t always as concerned about your safety as you are. This could include everyone from your supervisor who demands that people work long hours on a machine with few breaks to a negligent equipment manufacturer. Heavy equipment accidents are so common that they make up 10 percent of all claims for workers’ compensation benefits.
You are entitled to file a claim for wages, medical expenses, and rehabilitation training if you have suffered machine injuries on the job in New York. You may also find that you need a machinery accident lawyer if your claim does not proceed as you expected. For example, the insurance company representing your employer could deny your claim or you may receive a weekly payment less than what you expected. Terry Katz & Associates, a Long Island law firm, provides experienced legal representation for New York’s injured workers.
Common Work-Related Machine and Equipment Injuries
Serious accidents occur with every type of machine used in the machine and equipment industry. Some of the most common types of machines that cause worker injury and death include:
- Backhoe accidents
- Crane accidents
- Conveyor belt defects
- Defective switch accidents
- Drill press accident
- Loader accidents
- Safety guards
These machines can cause significant or even fatal injuries to their operators. Below is a list of just some of the types of injuries suffered by previous clients of Terry Katz & Associates:
- Abrasions, bruising, and cuts
- Amputation of hands, feet, arms, or legs
- Broken or fractured bones
- Complex Regional Pain Syndrome
- Crushed appendages
- Hearing and vision loss
- Knee injuries
- Neck and shoulder injuries
- Organ rupture or internal hemorrhaging
- Permanent nerve damage
- Permanent paralysis
- Repetitive stress injuries
Many people who have received such severe injuries due to machine failure struggle with emotional issues as well. Anxiety, depression, and post-traumatic stress disorder are common human responses to such an ordeal. Although the accident may have occurred in only seconds, it can affect your in multiple ways for the rest of your life. You need an experienced machinery accident lawyer on your side at this difficult and stressful time, regardless of your specific injuries or how the accident occurred.
Common Causes of Machine Injuries
Under New York’s no-fault workers’ compensation system, you do not have to prove fault to file a claim. You can request benefits even if your own actions caused your injuries. In fact, operator error is a common cause of worker injury in the machine and equipment trade. However, most causes are the fault of another party. Here are some additional common causes of machine worker injury:
- Improper supervision of employees and machines.
- Lack of adequate employee training on the proper operation of the machines before allowing employees to run machines independently.
- Lack of proper machine maintenance or failing to repair an obviously malfunctioning machine in a timely manner.
- Manufacturing defects, whether they were known to the manufacturer at the time of sale to your employer or not.
- Safety code violations by employees, supervisors, maintenance technicians, or anyone else involved in operating, overseeing, or maintaining the machines.
After an accident, your first concern must be obtaining the immediate medical help that you need. You should not delay in seeking care to ensure the best possible outcome for recovery. Unfortunately, your employer may hold it against you if you do delay getting medical attention by stating that your injuries are not as severe as you claim or that they occurred outside of work.
Understanding Your Options Following a Machinery Injury
All people injured on the job in New York have the right to file a workers’ compensation claim if their employer is required to carry insurance for it. You would first notify your employer of your injury within 30 days, preferably in writing. You will want to keep a copy of your notification for your own records as well. Next, you will complete an official form detailing how the injury happened, the date and time it occurred, and whether anyone witnessed the accident. Lastly, you will send the completed form to the nearest workers’ compensation board for processing.
If your claim is approved, you should begin receiving up to two-thirds of your weekly pay shortly up to the maximum amount set by the state. A representative for your employer’s insurance company should send you instructions by mail on how to obtain medical care and submit receipts for reimbursement.
State law provides protection to employers from being sued by injured workers except in the most negligent of cases. However, this protection does not extend to third parties such as machine installers or equipment manufacturers. You may wish to consider filing a personal injury lawsuit against a negligent third party or if your employer showed grievous disregard for your safety. Some common examples of third-party negligence include machines defective in design or manufacture, a machine that has been installed improperly, and a machine that did not come equipped with proper warnings about how to avoid injury.
Speak with a Machinery Accident Lawyer
If your claim has been denied, you received a lesser benefit amount than you expected, you have experienced frustrating delays or other common problems, Terry Katz & Associates can help. Please contact our Long Island office at 888-488-7459 today to request a free consultation with a machinery accident lawyer. We will advise you on the best course of action moving forward after interviewing you and reviewing all relevant information in your work injury case.