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Heavy Machinery Accident Lawyer Long Island
Working with heavy equipment is a dangerous job, in fact, heavy equipment accidents account for over ten percent of all claims for workers’ compensation benefits. When operating or using machinery involving moving parts, a small mistake or minor malfunction can lead to serious injury or even death. Due to a higher risk of severe injury, both proper safety precautions and continued training are critical for those employed in industrial occupations. Federal, state and industry guidelines have been established to prevent these types of work injuries, unfortunately, even proper safety protocol cannot prevent all workplace accidents.
Last year, over 170,000 workers’ compensation claims were assembled for injured workers throughout New York. If you have sustained a serious injury at work due to a heavy machinery or equipment accident, you are entitled to file a workers’ compensation claim for cash benefits, medical expenses, rehabilitation training, and, in serious injuries, supplemental benefits including social security disability.
After a heavy machine accident, the insurance company representing your employer may deny your claim or may offer you less compensation than you deserve. For over twenty-five years, the skilled attorneys at Terry Katz & Associates have helped equipment operators recover maximum workers’ compensation benefits throughout New York. Contact our firm today to schedule a free consultation with an experienced Long Island workers’ compensation lawyer.
Common Work-Related Machine and Equipment Injuries
A serious accident can occur while using many different types of machinery. Some of the most common types of machine accidents that cause worker injury and death include:
- Backhoe accidents
- Bulldozer accidents
- Crane accidents
- Conveyor belt defects
- Defective switch accidents
- Drill press accident
- Forklift accidents
- Loader accidents
The machines listed above can cause significant or even fatal injuries to their operators. At Terry Katz & Associates, our machine injury lawyers have helped thousands of heavy equipment operators recover maximum workers’ compensation benefits. For over twenty-five years, we have assisted individuals with work accidents which have caused the following types of injuries:
- 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
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, while many cases are the fault of another party, operator error is a common cause of worker injury in the machine and equipment trade. Common causes of work-related machine injuries include:
- 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 a workplace accident, it is critical to obtain the proper and 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.
Although an accident may have occurred in only seconds, it can affect you in multiple ways for the rest of your life. After a serious work injury, you need an experienced machinery accident lawyer to advise you of your legal rights and help you navigate the workers’ compensation claim process, regardless of your specific injuries or how the accident occurred.
Understanding Your Options Following A Machinery Injury In New York
In New York, heavy equipment operators that are hurt on the job are eligible to file a workers’ compensation claim. After receiving proper medical care, it is important to document the details of your accident and witnesses, notify your employer of your injury and speak with a workers’ compensation attorney as soon as possible.
When filing a workers’ compensation claim for a heavy equipment injury, your employer or their insurance carrier may contest the claim for a number reasons, often arguing the injury was not related to work, or that you were not injured to the extent that you claim. Gathering evidence in order to challenge the insurance company’s position requires legal knowledge and skill, to support a claim your attorney may take depositions, request an independent medical examination, and hire expert witnesses.
New York State law provides protection to employers from being sued by injured workers except in the most negligent of cases, excluding certain third parties such as machine installers or equipment manufacturers. If a machine malfunction caused the accident, or if your employer showed grievous disregard for your safety, you may wish to consider filing a personal injury lawsuit against a negligent third party. Some common examples of third-party negligence include machines defects 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.
Contact An Experienced Machinery Accident Lawyer
If you’ve been injured in a heavy machinery accident at work, you have rights to recover workers’ compensation benefits. With over twenty-five years of experience negotiating with insurance carriers, our workers’ compensation lawyers fight to provide equipment operations with maximum benefits following an injury at work. Conveniently located in Long Island, New York, our law firm has helped thousands of workers recover the benefits they deserve.
Call 888-488-7459 today or complete the contact form below to schedule a free lawyer consultation.