Construction sites are naturally high-risk environments. One of the most serious dangers comes from unsafe or poorly maintained equipment, which is a leading cause of serious injuries and even fatalities. When employers neglect proper maintenance or fail to implement necessary safety precautions, the likelihood of accidents increases dramatically. If you are looking for legal options due to an injury sustained via unsafe equipment, please reach out to us to speak to a lawyer.
When you reach out, we can provide you with your legal options regarding the construction site accident via unsafe equipment. So, if you’ve been injured on a construction site due to unsafe equipment, there are a few legal options at your disposal which we will get into below. Here are four legal options for construction workers who were injured by unsafe equipment on the job.
Workplace and construction equipment can become dangerous for a number of reasons. Equipment may be defective when it is manufactured, improperly maintained, inadequately inspected, incorrectly installed, or used without appropriate safety protections.
Examples of potentially unsafe equipment include:
An equipment-related accident may occur because of a mechanical failure, a missing safety guard, inadequate maintenance, improper training, or another dangerous condition. Determining why the equipment failed and who may be legally responsible can require a detailed investigation.
Workers’ compensation is insurance that provides benefits to employees who are injured at work, regardless of who was at fault. It typically covers medical treatment, a portion of lost wages, and disability benefits. In many states, including New York, if you’re hurt because your employer failed to provide proper safety equipment, you may qualify for workers’ compensation to help pay for medical expenses and lost income.
While workers’ compensation offers important financial protection, it does have limits. For instance, it usually covers only a percentage of lost wages and does not provide compensation for pain and suffering.
To succeed in a negligence claim, you must show that the defendant (the party you are suing) had a duty of care, failed to uphold that duty, and that this failure directly caused your injuries. For instance, if an employer did not provide proper safety equipment or adequate training, that conduct may be considered negligence.
Some states, including New York, have labor laws that offer added protections for construction workers. For example, New York Labor Law Section 240—commonly referred to as the “Scaffold Law”—provides specific safeguards for workers exposed to elevation-related risks, such as falls from heights. If your injury resulted from a violation of these laws, you may be eligible to pursue additional compensation.
In some unsafe equipment injury cases, you may be able to file a personal injury lawsuit against a third party whose negligence contributed to the injury. Third parties in this incident might include the following:
Construction projects depend on a wide range of equipment—from large machinery such as cranes and excavators to power tools and basic hand tools. When these tools and machines are not properly inspected, maintained, or operated, the results can be catastrophic. According to OSHA, frequent safety violations involve insufficient fall protection, poor hazard communication, and scaffolding deficiencies—risks that are often made worse by faulty or unsafe equipment.
Ultimately, there are several factors contribute to the problem of unsafe equipment, which include the following:
Unsafe equipment can cause a wide range of different injuries. Here are some of the more notable types of injuries that result from using unsafe equipment:
Our service area expands across Nassau and Suffolk County, including:
An unsafe equipment lawyer represents or advises people who have been injured because of dangerous, defective, improperly maintained, or improperly used equipment. An attorney can investigate the accident, identify potentially responsible parties, and explain available legal options.
Yes. Defective, poorly maintained, improperly inspected, or inadequately protected equipment can contribute to construction accidents and serious workplace injuries.
Possibly. Depending on the circumstances, an injured worker may have rights under workers' compensation and may also have a potential claim against a third party. Whether a separate claim exists depends on the facts of the accident and the parties involved.
You may still be entitled to workers' compensation benefits if you were injured while working. Whether you have additional legal claims depends on the circumstances, including who owned, manufactured, supplied, maintained, or controlled the equipment.
If another company or individual controlled or supplied the equipment that caused your injury, it may be important to determine what role that party played in creating the dangerous condition. An attorney can investigate the circumstances and explain whether a third-party claim may be available.
You should consider speaking with an attorney as soon as possible after a serious equipment-related injury. Prompt legal advice can help you understand applicable deadlines and may make it easier to preserve evidence and investigate the accident. Fill out the contact form below if you are looking for assistance from an unsafe equipment lawyer on Long Island.
