Defective construction equipment can lead to devastating accidents. If you are injured on the job due to faulty equipment, you may have two potential legal claims: a workers’ compensation claim, because the accident happened on the job, and a product liability claim, because the equipment itself was unsafe. A New York construction accident lawyer can help you build your case and get the compensation you need to get your life back on track.
Call Buttafuoco & Associates a call today for a free case review with our experienced legal team at 1-800-NOW-HURT.
Types of Defective Construction Equipment Accidents
Any equipment used on a construction site may be dangerous if improperly designed, manufactured, or assembled. Common examples include:
- Heavy machinery, including excavators and jackhammers.
- Power tools such as table saws without proper guards, leading to severe lacerations or even amputations.
- Safety gear like faulty harnesses or helmets that fail even when worn and used properly.
In some cases, it can be difficult to know whether an accident was caused by faulty equipment. If in doubt, it may be in your best interest to get in touch with an attorney who can help you determine whether you have a case.
Injuries from Defective Construction Equipment
The injuries you could potentially sustain due to defective equipment often depend on the type of equipment in question. For example:
- Lacerations, fractures, amputations, and nerve damage from defective saws.
- Falls and crushing injuries from defective scaffolding.
- Electrical shocks, burns, or even electrocution from faulty wiring.
- Puncture wounds, infections, or nerve damage from defective nail guns.
Many of these injuries are serious, life-threatening, or life-altering, and can lead to extensive medical bills, but you may be able to receive compensation for health care costs and other damages.
Seeking Compensation after the Injury
A common first question after getting injured on the job is whether you can file a claim against your employer. In most cases, you will be unable to do so. This is because your employer is immune to liability if they provide you with workers’ compensation coverage.
Through workers’ compensation, you are entitled to payment for initial medical care and a portion of your wages during recovery. If you have a product liability claim for defective equipment, however, you may be able to recover additional damages, including:
- Additional lost wages and lost earning capacity
- Ongoing medical costs, including home modifications.
- Pain and suffering, mental anguish, and loss of enjoyment of life.
There is one exception where you may be able to file a claim against your employer: if they do not carry workers’ compensation insurance. If this is the case, reaching out to a New York construction injury attorney can help you determine whether you have a case and how to move forward.
Establishing a Product Liability Claim
An accident involving construction equipment is not necessarily due to a defect. If a worker uses the equipment improperly, injury can occur even if the design of the equipment is safe. For a successful product liability claim, you must prove three things:
- The equipment had a design or manufacturing flaw
- That flaw directly caused your injury
- The injury led to monetary or other damages
- You were using the equipment as intended
Establishing these types of claims are very difficult, and we recommend enlisting the help of a qualified construction accident lawyer serving New York. They may require expert witnesses such as product designers and safety experts. Furthermore, you might need the design schematics of the equipment to identify the defect. Make sure you preserve the defective equipment to use as evidence against the manufacturer.
Talk to an attorney at Buttafuoco & Associates about your right to workers’ compensation benefits and your potential for filing a product liability claim.
If you or your loved one was injured on the job site due to faulty equipment, call 1-800-NOW-HURT or fill out our online contact form for a free case review.