Bronx Machinery Accidents Lawyer

Accidents involving machinery are unfortunately quite common. Some of the most common types of machinery accidents include the following:

• Stuck Inside Machinery. In some cases, workers actually get stuck inside machinery, which can cause severe lifelong injuries and death in many circumstances.
• Crush Injuries. Crush injuries are some of the most common types of machinery injuries that occur in the workplace. Many workers are dealing with complex and incredibly heavy, strong machinery. If an extremity or limb gets stuck in the machine, it can be crushed and cause severe devastation. Crush injuries can lead to fractures, broken bones, amputations, and even death.
• Burns. If machinery malfunctions and starts a fire, workers can end up with severe burns throughout their bodies. 

There is a multitude of potential injuries a worker can suffer when a machine isn’t used properly or malfunctions and the above list is not exhaustive.

Machinery accidents are more common than they should be, which begs the question, why do they happen? When workers are using deadly machines daily, why isn’t it safer? Common reasons that machinery accidents occur include the following:

• Lack of protective gear
• Poor lighting
• Failure to train appropriately 
• Failure to supervise correctly
• Fatigue 
• Poor maintenance of machinery
• Machine defects or malfunction

It’s understandable that your first thought after an injury probably isn’t about lawsuits and compensation. However, it’s important to take certain steps to make sure you keep that option open should you decide to pursue a legal claim in the future. If you were injured by machinery, you should take the following steps.

Seek Medical Attention. One of the most important steps you can take is to seek medical attention. Machinery accidents can be incredibly serious and even life-threatening. If you aren’t able to drive yourself to the hospital, call 911 and wait for an ambulance. Your health and safety is the most important thing to worry about. 

In some states, workers’ compensation insurance requires that you seek treatment from a particular doctor or a doctor approved by the insurance company. In New York, you can typically choose your doctor initially. The Workers’ Compensation board has the right to request that you undergo an evaluation from another doctor in the future, though. While it’s always a good idea to get approval from the insurance company before you go to the emergency room, it’s clear that this won’t always be possible. If you are healthy enough to do so, consider taking this step. If not, make sure you receive the medical attention you need immediately. 

Always follow all your doctor’s suggestions. Keep any records or notes they provide and all medical bills and other expenses. Take notes of what you have done each time you visit the hospital or see your doctor. All of this will be helpful if you decide to file a workers’ compensation claim, or in some cases, a personal injury claim. 

Notify Your Employer. One of the next most important steps you can take after being injured in the workplace is to notify your employer. In New York, you must notify your employer of your injury within 30 days. While you can wait an entire month to inform them, it isn’t recommended. As soon as you’re healthy and safe, you should contact your employer to let them know what happened. If you don’t provide notice in a timely manner, you will lose your right to collect any workers’ compensation benefits that you otherwise would’ve been entitled to. 

Document the Scene. If possible, you should document the accident scene, showing the area and the machinery. This can help provide evidence of how your injury occurred. Again, if you’re in too much pain and need immediate help, you can come back to do this after you’re feeling better. You could also ask a coworker to take photos for you if they’re willing.

Speak With Witnesses. If anyone witnessed the accident, you should speak with them right away to get their contact information. When you hire a lawyer, you can provide them with this information, and they can begin investigating your case immediately by talking to witnesses. This can be helpful in corroborating your version of events should your employer try to deny your right to worker’s compensation benefits. It will also be helpful in the case of a manufacturing defect if you decide to file a personal injury claim.

Contact a Bronx Machinery Accidents Lawyer. After you’ve assessed your injuries, it’s a good idea to speak with an attorney who has experience handling personal injury and workers’ compensation claims. Workers’ compensation can seem straightforward, but it’s a long, in-depth process that can always use the help of a professional.

Having a lawyer who is experienced with these types of claims can be incredibly helpful. If your employer tries to claim you aren’t entitled to workers’ compensation benefits, the simple act of hiring a lawyer might change their tune. They will know that you’re serious about the process and aren’t afraid to fight for what you deserve.

Additionally, it’s not uncommon for insurance companies to try to deny your benefits. When you hire a lawyer, they can review all your documents and make sure all necessary information is submitted. If you miss something or fill something out incorrectly, you could get denied and have to appeal the decision. This makes the process much longer and more stressful.

Additionally, if you do end up getting denied workers’ compensation benefits, your lawyer can help you with the appeal. They will be able to determine why it was denied and correct any mistakes, giving you a better chance of success. 

In many machinery accidents that occur at work, you will file a workers’ compensation claim. However, if the accident occurred because the machinery was faulty or defective, you will likely be able to file a claim against the manufacturer, in addition to filing a workers’ compensation claim. Receiving benefits from workers’ comp precludes you from filing a lawsuit against your employer, but not a third party. If you believe defective or faulty machinery is what caused your accident, it’s important to speak with a personal injury lawyer as soon as possible.

In New York, you must file a personal injury lawsuit within 3 years of the date of your injury. This sounds like a long time, but it passes quickly. You should always talk to a lawyer as soon as possible so they can begin investigating your claim and help you recover the compensation that you’re entitled to as soon as possible. The sooner you contact a lawyer, the more likely they are to be able to retrieve video footage and speak with witnesses. If you wait too long, most recordings will be deleted, and witnesses might no longer be available or remember the event. 

In most cases, yes. The purpose of workers’ compensation insurance is to provide injured employees with benefits and compensation, regardless of who is at fault; it is a no-fault system. You don’t have to prove that your employer was negligent or that someone else caused the accident. However, there are exceptions. For example, if you were under the influence while at work or were injured due to horseplaying, you will likely be denied benefits. If you were driving to or from work or were injured during an unpaid meal break, it’s also probable that you won’t be entitled to receive these benefits. 

There are many risks to operating heavy and dangerous machinery. Without proper care and maintenance, machinery can easily malfunction and cause accidents that lead to severe injury and even death. It is crucial for those who are injured at work to learn about their legal rights, what the laws are in this arena, and how to seek the damages they deserve. If you were injured in a machinery accident — regardless of whose fault it was - it is important to consult with a Bronx machinery accidents lawyer to receive advice on how to pursue compensation. 

Morgan & Morgan has been handling machinery accidents for decades. Our lawyers are experienced in litigating and negotiating and will always do everything possible to get you the most compensation available. Contact Morgan & Morgan today for a free and confidential case evaluation.