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Heavy Equipment Accidents

heavy machinery accident on construction siteConstruction accident attorneys serving northern New Jersey, including Hackensack, Paramus and all of Bergen County.

The heavy machinery injury that left you with permanent medical damage or claimed the life of a loved one has left you with more questions and difficulties than you know how to cope with. How will I cover medical bills or pay for long term rehabilitation? How will I support my family, now that it’s just me and the kids? You may rightly question whether worker’s comp will be sufficient to cover the costs of injuries from a heavy equipment accident in New Jersey or New York—but you may also have heard that you are not “allowed” to sue your boss because of a construction accident either. So where is the money going to come from?

If you find yourself in this situation, Eisbrouch Marsh invites you to contact a New Jersey construction accident lawyer who can represent you in a heavy machinery accident lawsuit. Although there are certain limitations regarding suing your employer directly, filing a lawsuit may still be possible and may be the best or only way to secure the compensation that you need and deserve.

At Eisbrouch Marsh, we can help you to understand your legal rights in this situation. A free consultation with one of our attorneys can answer the questions that have plagued you, and set you on a path to financial security. Our NJ personal injury lawyers work on contingency, meaning that we don’t get paid unless you receive a jury award or settlement. The sooner you are able to contact us, the more thorough an investigation we will be able to conduct on your behalf.

What does a heavy equipment injury involve?

New York and New Jersey are hubs of construction and, unfortunately, the site of many heavy equipment-related injuries. In particular, a spate of recent crane accidents in the Tri-State area has resulted in troubling numbers of deaths and serious injuries, some of which have been resolved through significant settlements. While workers or their families may think that a lawsuit is not an option for them, a lawyer at Eisbrouch Marsh can help to identify liable parties in these cases.

For instance, recent statistics demonstrate that approximately half of construction and heavy machinery-related deaths in NY & NJ involve outside contractors, who may be liable for injuries even when an employee cannot sue his or her boss directly. For instance, contractors were involved in a recent New York Air Brake construction accident.

Construction work is, statistically, the most dangerous work in the country, and a majority of those who lose their lives on the job do so in connection with a heavy equipment accident.

A heavy equipment or machinery injury on a construction site may involve any of the following types of equipment:

  • Cranes
  • Trucks
  • Backhoes
  • Excavators
  • Loaders
  • Lifters
  • Tractors
  • Cement misers
  • Compactors
  • Bulldozers
  • Pavers
  • Pile drivers
  • Fork lifts

Construction injuries can occur in the following ways:

  • Vehicle accidents or collisions
  • Accidents involving entanglement in equipment
  • Equipment falls or collapses resulting in crushing injuries
  • Muscle, tendon, or back injuries resulting from long term use of equipment
  • Equipment malfunctions resulting in crushing, collision, electrocution, chemical spill, burns, or other injuries

Additional construction site injuries can result:

  • Burns
  • Serious lacerations or bruises
  • Broken bones
  • Muscle or tendon strain or other injury
  • Neck and back injuries
  • Spinal cord injuries, including paralysis
  • Loss of limbs
  • Head trauma/brain damage (including injuries resulting in permanent mental disabilities)
  • Death

Heavy machinery injuries and liability issues

You may think that worker’s compensation will cover all of your losses sustained in a construction accident or that you are not allowed to file a lawsuit against your employer for this reason. However, worker’s comp may not be sufficient to cover expenses incurred as a result of a debilitating accident or a death which leaves behind dependents.

Fortunately, there are many cases in which filing a personal injury lawsuit in New Jersey or New York under such circumstances is actually possible.

For instance, while suing your employer directly is not allowed, there are many other liable parties who are subject to legal action. Outside contractors who supply equipment, manpower, supervision, or training may indeed be liable in the case of your accident. Architects or other parties responsible for various safety features may be implicated. Manufacturers of faulty equipment could be involved.

A heavy equipment injury lawsuit may seek to demonstrate that the parties who are implicated had a “duty of care” to act in a certain way (such as properly maintain equipment, check safety harnesses, correctly instruct workers regarding safety hazards), and that they did not do so; in this way, they are determined to be negligent and thus liable for the injuries that resulted from their negligence. A New Jersey construction injury lawyer from Eisbrouch Marsh will be able to present evidence in court linking the various parties’ negligence and the injuries that you have suffered.

If a faulty piece of equipment was involved, a product liability lawsuit may be the best course of action. An Eisbrouch Marsh attorney will then present evidence that the product, while being used as it was intended, malfunctioned due to faulty design or manufacturing and was directly responsible for your injury.

The importance of a construction accident lawyer

If it becomes clear that the right course of action for you would be to file a heavy equipment accident lawsuit, you may think that a lawyer is not necessary. Unfortunately, plaintiffs who represent themselves deprive themselves of the expertise and assistance necessary to make their case in court or to successfully negotiate a settlement.

A construction accident lawyer has several resources at his or her disposal to make your side of the story come through loud and clear. We investigate the accident from all angles, considering the circumstances of the accident at the site itself as well as any contractors, equipment, or training that may have been at fault. Eisbrouch Marsh attorneys know how to identify all of the liable parties and to prove a connection between factors such as faulty equipment or negligent safety oversight, and the accident connected to your own loss or injury.

Major contractors or construction companies have access to high paid lawyers who can make their own culpability in your accident seem negligible or nonexistent. If you were hurt in Bergen, Hudson, Passaic, Morris, Essex or Middlesex County, make sure you have an attorney who can stand up to their legal representatives in order to get you the compensation that you deserve.

Finding the right lawyer

If you have been injured in a heavy equipment accident in New York or New Jersey and are contemplating a construction accident lawsuit, it is of vital importance that you find the right lawyer to help you win your case in court.

You’ll need an attorney who:

  • Has experience in the area of construction law
  • Has a proven track record of success
  • Has a reputation for working well with others
  • Has a reputation for treating his or her clients well

On the other hand, DON’T go with an attorney who:

  • Is new to the field
  • Can’t tell you about any or his or her success stories in the area of construction accident lawsuits
  • Wants to charge any kind of fees up front
  • Will charge fees no matter what the outcome of the case is

A personal injury or wrongful death lawyer from Eisbrouch Marsh will not charge you any fees unless we win your case.

Compensation for heavy machinery injuries

Compensation for many kinds of loss or injury is available in the case of heavy machinery accidents, including jury awards or settlements in connection to:

  • Medical expenses
  • Long term recovery or rehabilitation costs
  • Lost wages
  • Loss of earning potential
  • Pain and suffering
  • Loss of consortium
  • Wrongful death
  • Punitive damages

The precise amount for a construction injury settlement or award in NJ or NY will vary, depending on a number of factors, including the severity of the injury and the circumstances surrounding that injury. Whereas injuries that cause relatively minor interruptions in life and work can still result in substantial compensation in court, more serious injuries or death can entail multi-million dollar levels of compensation. For instance, the parents of a construction worker killed while at work on an MTA project in 2012 received a $1 million dollar settlement for their loss.

Lawyers from Eisbrouch Marsh understand that a money settlement or award cannot adequately compensate for the loss of a family member, or for a life altered by major, debilitating injury. But it can help to cover expenses or sustain a family financially during a difficult time and may send a message to other contractors that maintaining high safety standards should be a first priority.

Contact Eisbrouch Marsh to set up a complimentary consultation

The trauma of a serious heavy equipment accident can be enough to cope with, without having to struggle with complex legal issues on your own. At Eisbrouch Marsh, we are dedicated to helping our clients through such difficult periods by securing maximum compensation for their injuries.

If you or a loved one have suffered a heavy machinery injury or other construction accident-related injury in Paramus, Hackensack, Bergen County, or anywhere in northern New Jersey or the 5 boroughs of NYC and Long Island, please call us at 201-342-5545. We are available for a no-cost, no-obligation review of your case and to answer any questions you may have about filing a construction accident lawsuit.

  1. WNYF Fox 28, Contract Worker Dies In New York Air Brake Accident
  2. BLS.Gov, National Census of Fatal Occupational Injuries in 2013
  3. NY Daily News, Parents of construction worker killed in crane accident given $1 million settlement,
  4. NYSIF, Claimant Facts,
  5. NY Daily News, Owners, operators at fault in scary spike in crane accidents,