Unfortunately, when workplace equipment and machinery are defective and malfunction when in use, workers can suffer catastrophic injuries through no fault of their own. While you may take the necessary measures to prevent an accident from occurring, others may not. If you have been seriously injured in a heavy equipment or machinery accident, you may be entitled to significant compensation. However, proving liability can be difficult as multiple parties may bear liability for your damages. Please continue reading to learn about potentially liable parties for workplace machinery accidents in New York City and why connecting with a skilled New York City Construction Site Accident Attorney is in your best interest.
Who Can Face Liability for Equipment and Machinery Accidents?
Most faulty equipment and machinery accidents result from negligence. If the accident stems from poorly maintained machinery, your employer may be liable. This is because employers are responsible for performing regular machinery and equipment safety inspections. If any defects or safety issues are found, it’s up to the employer to fix the old equipment or replace it to mitigate the risks of accidents and injuries. Employers can also be liable if they fail to provide their workers with protective equipment or violate any of the Occupational Safety and Health Administration (OSHA) safety regulations.
When your injuries occur due to your employer’s negligence, you can file a workers’ compensation claim. This is a no-fault system, which means you don’t have to prove that another party caused your injuries. Instead, you have to prove that you suffered harm while performing duties within the scope of your employment. It’s important to note that under New York labor law, if your employer violates specific safety regulations, you may be able to hold them liable.
In addition, if machinery or equipment is inherently defective by design, you may be able to file a claim against the manufacturer. This is because the manufacturer is responsible for ensuring their products are safe for their intended use. It’s important to note that if an employer fails to inspect a defective piece of equipment or machinery or chooses to use it despite its defects, they may be jointly liable with the manufacturer.
While OSHA enforces stringent safety standards to protect workers from injuries, accidents still occur due to negligence. If you have been injured in a workplace equipment or machinery accident, please don’t hesitate to contact a determined New York City construction site accident attorney who can help you navigate your legal options. At Swerling Law, we are prepared to help you fight for the justice you deserve.
