Every day, construction workers use heavy machinery or work near it. Many types of serious construction injuries happen because a machine malfunctions.
If you sustain a construction injury, you may need substantial funds for medical bills. Your injuries could also prevent you from returning to your previous position, so you may also lose earnings. An attorney who truly understands machinery accidents can develop the most effective strategy to obtain the recovery you need.
When a part breaks or wears out, heavy machinery can become very dangerous. The machine may crash or drop a heavy load. If the part in question is heavy, it can break off and hit workers.
Failure to maintain
Parts can become damaged for several reasons. One is improper maintenance. In such a case, an attorney would investigate which entity bore responsibility for ensuring regular service and inspection for the machine. It could be your employer, but it could also be a different contractor or a leasing company. If the responsible party did not follow the right protocol, it could bear legal responsibility for your injury.
In other cases, the parts may suffer from defective manufacture or design, which could give rise to a product liability action against the maker and seller.
Mistakes by the operator
Damage can also happen because of improper operation. While some may assume this is necessarily the fault of whoever happened to be operating the machine, this is not always so. Construction companies may be liable if they failed to provide you with adequate training or enforce safety protocols. Unfortunately, construction workers often face pressure from their bosses to complete work quickly even at the cost of bypassing safety protocols.
Complexity of construction injury cases
In many construction accident cases, there may not be one specific entity to point a finger at for liability. Several parties' negligent actions can add up to create a dangerous situation that results in your serious injury. In addition, while some construction injuries fall under the purview of workers' compensation laws, New York's scaffold law also permits filing a personal injury case under some circumstances. To get a better understanding of your case and options, discuss your situation with an experienced construction lawyer.