Brooklyn Equipment Injury Lawyer

Defective, poorly maintained, or improperly used machinery can cause devastating injuries. If you were injured by machinery at work, a Brooklyn work injury lawyer can help you file a claim.

Chaikin Trial Group Personal Injury Lawyers has recovered over $100 million for clients like you. If you were injured because of defective machinery at work, a Brooklyn equipment injury lawyer can help you pursue the compensation you deserve.

Why Hire a Brooklyn Equipment Injury Attorney?

Work injury claims often get unfairly delayed or denied. A Brooklyn personal injury lawyer can help with your claim by:

• Conducting an investigation: An attorney can review how the equipment was being used and what went wrong to determine who is responsible for your injury.
• Calculating your damages: A lawyer can evaluate your short-term and long-term losses and calculate your claim’s value.
• Negotiating with insurance companies: An attorney can handle conversations and negotiations with insurance companies and push for fair compensation.
• Preparing your case for trial: If settlement talks fall through, a lawyer can fight for you in court.

What Types of Damages Can You Pursue?

If you were injured at work in NYC, you may qualify for more than just workers’ comp. If a third party, such as an equipment manufacturer, caused or contributed to your injuries, you may be able to recover several types of damages in a personal injury case in New York, including:

• Medical bills: You may receive compensation for emergency treatment, hospital stays, surgery, medication, rehabilitation, and other reasonable medical care related to your injury.
• Lost wages: You may recoup income you missed out on because your injuries prevented you from working.
• Reduced earning capacity: If your injuries prevent you from returning to your previous role or compromise your ability to earn income, you may be entitled to compensation for diminished future earning capacity.
• Pain and suffering: You may recover damages for physical pain, emotional distress, and the impact the injury has on your overall quality of life.
• Permanent disability: You may be entitled to additional compensation if the accident leaves you with a permanent impairment that affects your ability to work or perform everyday activities.
• Loss of enjoyment of life: You may recover damages if a serious injury prevents you from participating in activities and experiences you previously enjoyed.
• Property damage: If personal property was damaged in the accident, compensation for those losses may be available.
• Punitive damages: If the liable party’s conduct was particularly egregious or reckless, punitive damages may be available.

What Is the Deadline to File an Equipment Accident Claim in New York?

If you were injured in an equipment accident because of someone else’s negligence, NY CPLR § 214 generally gives you three years from the date of the accident to file a personal injury lawsuit in New York. However, if your case involves wrongful death, delayed injuries, or a government agency, it may have a different filing deadline.

Since missing the applicable statute of limitations can prevent you from pursuing a lawsuit, it is important to consult an equipment injury lawyer in Brooklyn immediately after an accident at work.

Can I Sue My Employer?

In most cases, you cannot file a traditional personal injury lawsuit against your employer for a workplace equipment injury in New York. Workers’ compensation generally serves as the exclusive remedy for injuries that arise out of and occur during your employment.

However, if your employer failed to carry the legally required workers’ compensation insurance or deliberately and purposely set out to hurt you, you may have grounds for a lawsuit against them.

Even if you can’t sue your employer, you may be able to pursue a personal injury claim against a third party in addition to your workers’ comp claim. For example, if defective equipment caused your injury, a manufacturer, maintenance company, property owner, contractor, or another responsible party may be liable.

What Types of Workplace Equipment Can Cause Injuries?

Almost any piece of industrial or construction equipment can become dangerous when it is defective, improperly maintained, inadequately guarded, or used without appropriate training.

Common sources of equipment-related workplace injuries include:

• Forklifts and other powered industrial trucks
• Cranes and hoists
• Construction vehicles
• Scaffolding and lifts
• Industrial presses
• Saws and cutting machines
• Grinders and drills
• Conveyors
• Compactors
• Welding equipment
• Loading and unloading equipment
• Power tools
• Agricultural and landscaping machinery

Common Causes of Equipment Injuries at Work

Equipment accidents rarely happen for just one reason. Common contributing factors include:

• Inadequate employee training
• Lack of machine guarding
• Defective safety mechanisms
• Poor equipment maintenance
• Improper installation
• Failure to inspect machinery
• Inadequate safety instructions
• Failure to lock out or tag out equipment
• Operator error
• Equipment malfunction
• Overloaded machinery
• Lack of personal protective equipment
• Unsafe workplace conditions

What to Do After an Equipment Accident in Brooklyn

The steps you take after an equipment accident can affect your workplace injury claim.

If you are physically able to do so, you should:

• Report the accident: Notify your supervisor or employer about the injury as soon as possible.
• Seek medical treatment: Get prompt medical attention, even if your injury initially appears minor.
• Explain that the injury happened at work: Make sure medical providers understand that the accident occurred while you were performing your job duties.
• Document the equipment: If it is safe and permitted, take photos of the machine or equipment involved, including its identification number and condition.
• Identify witnesses: Write down the names of coworkers or other people who witnessed the accident.
• Keep records: Save medical records, bills, wage information, accident reports, and correspondence related to your claim.
• Follow your doctor’s instructions: Attend all recommended appointments and follow all restrictions suggested by your doctors.
• Get legal help: Consult an equipment injury attorney in Brooklyn to discuss next steps.

Speak to an Equipment Injury Attorney in Brooklyn

Serious workplace injuries can lead to months of treatment, reduced income, and uncertainty about your future employment. If you were injured in a machinery-related accident, a Brooklyn equipment injury attorney from Chaikin Trial Group Personal Injury Lawyers can gather evidence for your claim and help you seek compensation.

Schedule a free case evaluation with our firm to find out how you can pursue damages for your injuries.