Construction equipment and machinery is often to blame for construction worker accidents. Forklifts accidents, backhoe accidents, scissor lift accidents, masonry machinery accidents, hydraulic jack accidents, crane accidents, front-end loader accidents, boom accidents --- all these and many more construction machine and equipment accidents cause innumerable injuries every year in New York and elsewhere. But in most circumstances, these accidents are not just “accidental”. They are usually caused by someone’s negligence or carelessness. Construction machinery and equipment is safe only when (1) it is designed and manufactured safely; (2) the workers who use the construction equipment and machinery are properly trained and supervised; (3) the workers who use the construction equipment and machinery do so safely and properly; (4) the construction equipment and machinery is properly maintained; and (5) the construction equipment and machinery is equipped with proper warnings.

Construction equipment or machinery failure falls into two broad categories: (1) Where the machine or equipment itself was not properly designed or manufactured, or lacked proper warnings, thus making it unsafe, the injured construction worker may have a “products liability” or a “defective products” case. In those cases, the manufacturer and seller of the equipment or machinery must be sued. (2) But if the construction equipment or machinery caused injury because of the way it was MAINTAINED or USED, this is more likely a labor law case. More than likely, some OSHA or New York State Industrial Code regulations were violated. The claim would then be against the worksite owner, or general contractor, or other contractors on the job, under the New York Labor Law or general New York negligence laws.

Almost any tool or piece of equipment, machine or tool can fail, or be misused, causing injury to construction workers. For example, the injury to construction workers can be caused by a failed hydraulic pumps; or faulty compressed air lines, defective cables, improperly erected ladders, loose parts from a tool of any kind, defective drills, badly designed saws, malfunctioning pumps, flawed bulldozers, dangerously designed or used forklifts, untrained crane operation, unchecked wrecking balls, backhoe misuse, rotten wooden pallets --- all of these, and more, can cause serious injuries on a construction site. Even parts as small as nails, bits, blades, bolts and screws can go flying off and cause injury where the machinery or equipment that housed them or the tool that was being used on them fails, was used improperly, or was defective. It’s no wonder there are so many construction site injuries, with so much that go wrong.

Michaels & Smolak has recovered millions of dollars for clients injured in construction accidents to cover their medical bills, lost earnings, pain and suffering, and more. If you or a loved one has been a victim of a construction accident, contact us for a free consultation with an experienced lawyer who can inform you of your legal rights and maximize your compensation.