Construction Accidents Involving Heavy Machinery: Employee Legal Rights and Employer Responsibilities

Construction sites are inherently dangerous places, and the use of heavy machinery adds another layer of risk for workers. Bulldozers, cranes, forklifts, excavators, and other massive equipment are essential for completing large projects, but they can cause devastating injuries if safety standards are ignored. For employees hurt in a heavy machinery accident, understanding your legal rights and your employer’s responsibilities can make all the difference in recovering physically and financially.

Read on for a discussion of this critical issue. If you or a loved one has been injured in a construction accident in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with an experienced and dedicated Goshen construction accident lawyer.

The Dangers of Heavy Machinery

Heavy machinery accidents on construction sites often cause severe or catastrophic injuries, including crushed limbs, traumatic brain injuries, spinal cord damage, and even fatalities. Common causes of these accidents include equipment rollovers, being struck by moving machinery, entanglement in moving parts, or accidents due to operator error or lack of proper training. Machinery malfunctions due to design or manufacturing defects or negligent maintenance are another source of these tragedies.

Most, if not all, of these incidents are preventable. New York labor laws and OSHA safety standards require employers and site managers to implement strict safety protocols, provide thorough training, and maintain equipment in a safe working condition. When workplace safety practices are ignored, that’s when accidents happen.

Employer Responsibilities Under the Law

Construction employers have a duty to provide a safe work environment. This includes ensuring that heavy machinery is properly maintained and regularly inspected for defects. Employers must also make sure operators are fully trained and qualified to use the equipment they’re assigned.

Additionally, employers are required to provide protective gear, enforce safety rules, and take steps to prevent foreseeable accidents, such as installing barriers or warning signs in areas where machinery is operating.

If an employer fails to meet these obligations and a worker is injured as a result, the employer may be held responsible under state and federal safety regulations. In New York, specific labor laws, such as Labor Law Sections 200, 240 (the “Scaffold Law”), and 241(6), provide additional protections for workers injured on construction sites.

Employee Rights After a Heavy Machinery Accident

If you are hurt in a heavy machinery accident on the job, you have important rights. First, you are entitled to workers’ compensation benefits, which cover medical expenses and a portion of your lost wages, regardless of who was at fault.

However, workers’ compensation may not fully cover all your losses, especially if your injuries are severe or permanent. In some cases, you may be able to pursue a personal injury lawsuit in addition to your workers’ comp claim. For example, if your accident was caused by the negligence of a third party—such as a subcontractor, equipment manufacturer, or site owner who failed to follow safety codes—you may have grounds for a separate lawsuit seeking damages for pain and suffering and other losses not covered by workers’ compensation.

Steps to Take After an Accident

After a heavy machinery accident, it’s critical to act quickly. Report the incident to your supervisor immediately and make sure an accident report is filed. Seek prompt medical care; accept a ride to the hospital in an ambulance, or follow up with a doctor as soon as you are able.

If possible, gather evidence from the scene, including photos of the equipment involved, your injuries, and any hazardous conditions. Get the names and contact information of any witnesses. This documentation can be invaluable if you later need to file a claim.

Finally, consult an experienced construction accident attorney who can review your case, explain your options, and help you determine whether you may have additional claims beyond workers’ compensation.

How Dupée & Monroe, P.C. Can Help

At Dupée & Monroe, P.C., we understand the serious consequences heavy machinery accidents can have for workers and their families. We represent injured construction workers throughout Orange County and the Hudson Valley, helping them understand their rights and options and pursue personal injury claims for maximum compensation.

Our firm has extensive experience holding negligent contractors, site owners, and equipment manufacturers accountable when their actions—or inactions—lead to catastrophic injuries. We are dedicated to securing full and fair compensation for medical costs, lost income, rehabilitation, and the pain and suffering you and your family may face.

Protect Your Rights and Your Future – Call Today

Construction work is dangerous enough without employers cutting corners on safety. If you or a loved one has been injured in a heavy machinery accident on a New York construction site, don’t try to handle it alone. Contact Dupée & Monroe, P.C. today for a free consultation and find out how we can help protect your rights and your future.